REVISION OF 1920. 


STATE OF MICHIGAN 

— 

LAWS RELATING TO 




ABSENT VOTERS, CORRUPT PRACTICES, APRIL 
PRESIDENTIAL PRIMARY ELECTION, PRI¬ 
MARY FOR NATIONAL COMMITTEEMAN, 
AND OTHER RELATED SUBJECTS 


COMPILED UNDER THE SUPERVISION OF 

COLEMAN C. VAUGHAN, 

SECRETARY OF STATE 



BY AUTHORITY 


fort Wayne printing company 

CONTRACTORS FOR MICHIGAN STATE PRINTING AND BINDING 
FORT WAYNE. INDIANA 
I 920 












































REVISION OF 1920. 




STATE OF MICHIGAN. Uv. ( ,kW.: ,'v, 

»> 


LAWS RELATING TO 

General Primary Election 


ABSENT VOTERS, CORRUPT PRACTICES, APRIL 
PRESIDENTIAL PRIMARY ELECTION, PRI¬ 
MARY FOR NATIONAL COMMITTEEMAN, 
AND OTHER RELATED SUBJECTS 


COMPILED UNDER THE SUPERVISION OT 

COLEMAN C. VAUGHAN, 


SECRETARY OF STATE 



BY AUTHORITY 


PORT WAYNE PRINYINE COWPANY 
CONTRACTOR! FOR MICHIGAN STATE PRINTING AND R1RDIH* 
PORT WAYNE. INDIANA 

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MAR 8-1921 - 

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TABLE OF CONTENTS. 


Pages 


Primary election law. 5-33 

Absent voters act. 33-38 

Creating central election counting board in cities or villages. 39 

Central polling places in fourth-class cities . 39-40 

Primary election system for township officers. 40-41 

Primary to nominate candidates for school offices. 41-42 

Corrupt practices act . 42-47 

Preferential primary law. 48-49 

Primary for nominating member of national committee..50-51 













PRIMARY ELECTION LAW, 


AX ACT relative to the nomination of party candidates for 
public office and delegates to political conventions, to regu¬ 
late primary elections' and to prescribe penalties for viola¬ 
tions of its provisions, and to provide for the printing upon 
election ballots of the names of candidates nominated under 
the terms of this act, and to repeal act number four of the 
public acts of the extra session of the year nineteen hun¬ 
dred seven, and all local primary election acts contravening 
the provisions of this act, except as in this act otherwise 
provided. 


[Act 281, P. A. 1909.] 

The People of the State of Michigan enact: 

§ 3517. Section 1. Whenever any primary election shall 
be held in this State or in any city, county, or district in this 
State, pursuant to the provisions of this act, the nomination 
of candidates for the offices herein named, by each political 
party, shall be made by direct vote of the registered and 
qualified voters of such political party in the State or in any 
district, county, or city in this State, as the case may be, in 
the manner hereinafter provided. 

§ 3518. Sec. 2. All primary elections shall, except as 
herein otherwise provided, be conducted and regulated as 
near as may be in every particular as prescribed by law for 
the regulation and conduct of general elections. The pro¬ 
visions of the general election law shall apply to primary 
elections with respect to the giving of notice of registration 
and election, in fixing places for holding such election, provid¬ 
ing the ballot boxes with the necessary equipment and sup¬ 
plies, in giving notice of meetings of boards of canvassers, in 
canvassing and certifying the result of the primary election 
and in giving notice of primary elections except as the con¬ 
trary may be herein expressed, and all officers required to 
perform similar duties under the general election law shall 
be required to perform such duties under this act, with like 
power and compensation. All expenses of primary elections 
shall be defraved from the same funds from which are 
defrayed the expenses of an election. 

A seal is a necessary part of the equipment under the general election law.— 
Ritze v. Bd. of Canvassers of Iron Co., 172 / 423. 


Nomination 
by direct vote. 


Primary 
elections, how 
conducted, 
etc. 



LAWS RELATING TO 


ft 


“Primary,” 
term defined. 


Registered 
elector may 
vote. 

Proviso. 


Party nomi¬ 
nation for 
city offices. 


Proviso. 


Petition, 

where 

addressed. 


♦» 


§ 3519. Sec. 3. The words “primary” or “primary elec¬ 
tion,” as used in this act, shall be construed to mean an elec¬ 
tion for the purpose of deciding by ballot who shall be the 
nominees of political parties for the offices named in this act 
or for the election by ballot of delegates to political conven¬ 
tions. The words “qualified elector” shall be construed to 
mean an elector who is qualified under the general election 
law, to vote for a member of the legislature in this State. 

§ 3520. Sec. 4. No person shall be permitted to vote at 
any primary election held in this State, unless he shall be a 
registered and qualified elector of this State: Provided, how¬ 
ever, That any qualified elector may be registered and be 
eligible to vote at any primary election if he shall appear in 
person before the city or township clerk or other officer in 
charge of the registration book, and take the oath required 
as to qualifications for registration, and request that his name 
be registered therein. The inspectors shall register any per¬ 
son who shall on any primary day appear and make oath or 
affirmation to the effect that he is a qualified elector in such 
precinct, or when they personally know him to be such. Any 
person registered on any primary day as prescribed herein, 
shall be entitled to vote at the succeeding election without 
other registration. There shall be no other registration day 
or days for either a primary, a general or a city election, 
except that prescribed by the general election laws and in 
this act. 

Sections 5, 6, 7, 8, 9, 10 and 11, providing for party enrollment of electors, 
were repealed by Act 118, P. A. 1913. But the amendment of 1915 (Act 
313) provides for printing separate party tickets. 

§ 3521. Sec. 12. The question of the nomination of party 
candidates for city offices, in cities having a population of 
less than seventy thousand, may be submitted or resubmitted 
to the qualified electors of such city upon petition therefor 
signed by a number of voters of such city, which number 
shall constitute not less than twenty per centum of the total 
number of votes cast in such city for secretary of state at the 
last preceding November election. Such proposition may be 
submitted or resubmitted at any primary election : Provided, 
That a resubmission in any city shall not take place within 
two years after such question has been decided either affirma¬ 
tively or negatively by a majority of the qualified voters of 
such city voting on such proposition. 

§ 3522. Sec. 13. The petition referred to in the preced¬ 
ing section relative to city offices in cities having a population 
of less than seventy thousand, shall be addressed to the city 
clerk and shall be delivered to said city clerk at least thirty 
days before the date of the election on which the proposition 
is to be voted upon by the voters of said city. 



GENERAL PRIMARY ELECTION. 


7 


§ 3523. Sec. 14. The said petition shall be substantially 
in the following form : 

We, the undersigned, voters of the city ...' . 

of ..respectfully petition that the 

question of direct nomination of party candidates for .... 

.shall be submitted (or resubmitted) to the 

qualified electors of said city on the. 

(Signed) . 


§ 3524. Sec. 15. The said city clerk shall examine said 
petition and if it is found that a sufficient number of voters 
have signed said petition, he shall give notice as near as 
possible in the manner now provided by law for giving notice 
of general elections in this State, that at an election to be 
held pursuant to the provisions of this act (giving the date), 
the proposition will be submitted or resubmitted to the quali¬ 
fied electors of said city, referred to in such petition or peti¬ 
tions whether the nomination of party candidates for the 
offices named in said petition or petitions shall thereafter be 
made in such city by direct vote, and the proper board of 
election commissioners under the general election law shall 
cause to be printed on the ballot to be used at such primary 
election, in substance, the following words: 

Instruction: Make a cross in the square to the left of the 
words “Yes” or “No” on each proposition submitted. 

Primary election system for the nomination of candidates 

4 / 4 / 

for.offices. 

[ ] Yes. 

[ ] No. 

• 

The color of the ballots shall be the same as is prescribed 
by law for ballots for a general election. The size and form 
of the ballots other than as herein directed, shall be pre¬ 
scribed bv fhe said board of election commissioners. The 
votes cast at such election shall be canvassed, and returns 
thereof made in like manner as is provided for the canvassing 
of votes and the making of returns of any general election in 
such county or city by the terms of existing law. All candi¬ 
dates for circuit judge shall be selected in accordance with 
the provisions of this act: Provided, That all duties imposed 
upon city or county clerks shall in the case of judicial dis¬ 
tricts composed of more than one county be performed by 
the secretary of state. The provisions of this act relative to 
the nomination of candidates for district offices are as far as 
possible made applicable to the election of candidates for cir¬ 
cuit judge. The primary election for the election of candi¬ 
dates for circuit judge shall be held on the first Wednesday 
in March prior to the election. The vote cast for candidates 
in judicial districts shall be counted and canvassed in the 
same manner as the vote cast on the election of circuit judge. 

It was the intention of the legislature to fix the first Wednesday in March for 
the nomination of candidates for county offices by primary petitions,—Mandell 
r. Farrell, 164/585. 


Form of. 


City clerk to 
give notice. 


Ballot, 
form of, etc. 


Canvass. 

Circuit 

judges. 

Proviso. 


Primaries, 
when held. 

Canvass. 












8 


LAWS RELATING TO 


August 

primary. 


Candidates. 


Proviso. 
United States 
senator. 


March 

primary. 


Candidates. 


Proviso, cer¬ 
tain cities. 


In case of no 
candidates 
for city 
offices. 


Proviso, cer¬ 
tain cities 
excepted. 


Special elec¬ 
tion and 
primary. 


Ballots for 
special pri¬ 
mary. 


§ 3525; Sec. 16. A general primary election for all polit¬ 
ical parties shall be held in every election precinct in this 
State on the last Tuesday in August preceding every general 
November election, at which time the registered and qualified 
voters of each political party shall vote for party candidates 
for the office of governor, lieutenant governor, and United 
States senator: Provided, That no nomination for the office 
of United States senator shall be made, unless such official is 
to be elected at the next succeeding general November elec¬ 
tion. A general primary election for all political parties 
shall also be held on the first Wednesday in March prior to 
the spring election at which time the registered and qualified 
voters of each political party shall vote for candidates for 
county offices filled at the spring election; for candidates for 
circuit judge and for candidates for city offices in cities in 
which the provisions of this act are applicable: Provided, 
That in those cities in which the provisions of this act are 
applicable and in which city officers are elected at a time 
other than the general November election or the spring elec- 
• tion, the primary election in such city shall be held on the 
third Tuesday prior to the charter election and all of the 
provisions of this act shall be made applicable thereto. When¬ 
ever a regular or special primary election is required by the 
provisions of this act to be held in any county or district, it 
shall be held in every portion thereof regardless of whether 
there are any candidates for any city offices to be nominated 
at such regular or special primary election: Provided, That 
the provisions of this act relative to the nomination of candi¬ 
dates for city offices shall not apply to any city which has 
adopted or which may hereafter adopt a commission form of 
government, or in which city officers are elected on a non¬ 
partisan ballot, or wherein provision is made by the charter of 
such city for the nomination of candidates for city offices in 
any manner other than as herein provided, except as the 
charter of such city may make the provisions hereof appli¬ 
cable. Whenever a special election shall be called to fill any 
vacancy in any office, the candidates for which are regularly 
nominated in accordance with the provisions of this act, a 
special primary election for all political parties shall be held 
in the city, county or district in which such vacancy occurs, 
on such day as may be fixed by the authority calling the spe¬ 
cial election but not less than twenty days prior to the date 
of such special election and the authorities calling any such 
special primary election shall in the call therefor fix a time 
within which candidates may file nominating petitions. The 
provisions of this act, relative to the printing, distribution, 
etc., of primary election ballots shall be applicable to the 
ballots prepared for use at a special primary election. The 
ballots shall be prepared in such manner that the voters of 
each political party may write, print or paste the name of a 
candidate thereon, The provisions of this act shall be appli- 



GENERAL PRIMARY ELECTION. 


0 


fable in all particulars to special primary elections except 
as the contrary is indicated in this section. It shall be unlaw¬ 
ful for any person directly or indirectly at any regular or 
special primary election to distribute slips or pasters, or 
electioneer or induce or attempt to induce any person to vote 
or refrain from voting in a particular way within any polling 
place or within one hundred feet thereof'. It shall be lawful 
to call a special election for the submission of any proposition 
on any regular or special primary election day. 

Am. 1919, Act 400. 

This section, as amended in 1911, was applicable to the office of circuit judge 
which became vacant after the spring election and 30 days or more prior to the 
regular November election. Primary petitions to nominate candidates were 
properly received and filed by the secretary of state.—Oren v. Secretary of 
State, 171 /590. 

§ 3526. Sec. 17. In every congressional district in this 
State there shall be nominated at the said August primary 
election, by direct vote of the registered and qualified voters 
of each political party within such district, a party candidate 
for representative in congress. In every senatorial district 
in this State there shall be nominated at the said primary 
election, by direct vote of the registered and qualified voters 
of each political party within such district, a party candidate 
for State senator. In every representative district in this 
State there shall be nominated at the said primary election, 
by direct vote of the registered and qualified voters of each 
political party within such district, a party candidate or can¬ 
didates as the case may be, for representative in the State 
legislature. In every county in this State there shall be nomi¬ 
nated at the said primary election by direct vote of the regis¬ 
tered and qualified voters of each political party within such 
county, party candidates for county offices to be voted for at 
the November election following. In every city of the State 
having a population of seventy thousand or more, there shall 
be nominated at said August primary election or on the first 
Wednesday in March preceding any April election, whenever 
a city or county election in said city or county is held in 
April, by direct vote of the registered and qualified voters of 
each political party within such city or county, party candi¬ 
dates for ward, city or county offices. In any city in this 
State having a population of less than seventy thousand in 
which the voters have decided, in accordance with the pro¬ 
visions of this act, in favor of direct nominations of party can¬ 
didates for citv offices, when such offices are to be voted for at 
the November election following, there shall be nominated 
at the said primary election by direct vote of the registered 
and qualified voters of each political party within such city, 
party candidates for city offices: Provided, That if upon the 
expiration of the time for filing petitions in any primary for 
city or county, it appears that there is no opposition to any 
candidate for any office, upon any ticket, then the city or 
county clerk, as the case may be, shall certify to the board of 


Distribution 
slips, etc., in 
or near poll¬ 
ing place. 


Submission 
of proposi¬ 
tions. 


Congressmen, 
when nomi¬ 
nated. 


State senator. 


Represen ta 
tive. 


County 

officials. 


Candidates in 
certain cities. 


In certain 
other cities. 


Proviso, in 
case of no 
opposition. 





10 


LAWS RELATING TO 


Notice of 
abandonment. 


Proviso, duty 
of Secretary 
of State, etc. 


In case duties 
of two officers 
combined. 


Delegates to 
county con¬ 
vention. 


Vacancies in 
delegations. 


Call for State 
convention. 


Apportion¬ 
ment of 
delegate*. 


election commissioners, tlie names of all persons whose peti¬ 
tions have been properly tiled, and the office for which such 
petitions were filed, and such persons shall be declared, by 
such board of election commissioners, nominees for the respec¬ 
tive offices and such county clerk shall forthwith notify the 
several clerks of the townships and cities interested, if any, 
and give notice that the primary will not be held as contem¬ 
plated, giving the reasons therefor, and a public notice shall 
be given of such determination by a brief notice published by 
such clerk in a newspaper published in such county: Pro¬ 
vided also, That if upon the expiration of the time for filing 
petitions in any primary, the secretary of state shall find 
within a given district that there is no opposition for any 
office upon any ticket, he shall forthwith give notice to the 
clerks of the several counties embraced, forthwith, certifying 
the names of the candidates and the office to which they 
aspire, to the State board of canvassers, who shall declare 
them the nominees for the respective offices, and shall give 
notice to the clerks of the several counties embraced in such 
district, and if the clerk shall find that there is no opposition 
for any office upon any ticket for a county office, then it shall 
be the duty of such clerk to forthwith give notice to the sev¬ 
eral city and township clerks interested that a primary will 
not be held as contemplated, but in no event shall a primary 
election be abandoned in any township, city, county or dis¬ 
trict wherein there shall be opposition for any office, upon 
any ticket. In those instances in which the duties of two 
officers are combined, all nomination petitions shall include 
and name the two offices. 

Am. Id. 

§ 3527. Sec. 18. There shall also be elected at the August 
primary, by direct vote of the registered and qualified voters 
of each political party in said county, as many delegates in 
each township, ward or precinct, as the case may be, as such 
political party in such township, ward or precinct shall be 
entitled to by the call issued by the county committee of such 
political party for the county convention thereafter to be 
held by such political party within said county in that year 
for the purpose of electing delegates to the State convention 
called for the purpose of nominating candidates for State 
offices, to be voted for at the November election. In case of 
any vacancy in any delegation from any election precinct, 
township or ward, to the county convention, such vacancy 
shall be filled by the delegates present from the ward or town¬ 
ship in which the vacancy occurs. The State central commit¬ 
tee of each political party shall, at least thirty days before 
the August primary herein provided for, cause to be for¬ 
warded by mail to the chairman of the county committee of 
such party a copy of the call for the State convention showing 
the number of delegates to which such county shall be entitled 






GENERAL PRIMARY ELECTION. 


11 


in the State convention of such party; and the said State 
central committee shall apportion such delegates to the sev¬ 
eral counties in proportion and according to the number of 
votes cast for the candidate of such party for secretary of 
state in each of said counties respectively at the last preced¬ 
ing November election. The name of the candidate for dele¬ 
gate to the county convention shall not be printed upon the 
official primary election ballot, but one or more such names 
may be placed on such ballot by printed slips pasted thereon 
by the voter, or the names may be written in. The county 
committee shall in its call for the county convention indicate 
whether delegates are to be selected by precincts or by wards. 
In cities having no wards or only one ward the delegates, to 
which such cities are entitled, shall be elected from the entire 
city, or by election precincts as the county committee in its 
call for the county convention shall indicate. The chairman 
of the township, ward or city committee, as the case may be, 
shall notify by mail each person elected as a delegate to the 
county convention of his party. 

Am. Id. 

§ 3528. Sec. 19. It shall be the duty of the board of elec¬ 
tion commissioners of each county in this State to prepare 
and furnish the necessary official primary, election ballots 
except for city offices which may be required for use by the 
voters of any political party at the August primary: Pro¬ 
vided, That the provisions of the general election law shall 
apply to the primary elections with respect to giving of notice 
of registration and election, places of holding such elections, 
the contracting, printing, furnishing and distribution of bal¬ 
lots, tally sheets, pencils, ballot boxes and other equipment. 
Such ballots shall contain the instructions as to the method 
of voting. Ballots other than those furnished by the board of 
election commissioners, according to the provisions of this 
act, shall not be used, cast or counted in any election precinct, 
at any such primary election. The size of all official ballots 
shall be such as the board of election commissioners shall pre¬ 
scribe. It shall be unlawful for the printer of such ballots 
or any other person to give, or deliver to, or knowingly permit 
to be taken, any of said ballots by any person other than the 
board of election commissioners for which such ballots are 
being printed, or to print or cause or permit to be printed any 
ballots in any other form than the one prescribed by this act 
or with any other name thereon, or with the names misspelled, 
or the names or devices thereon arranged in any other way 
than that authorized and directed by the said board of elec¬ 
tion commissioners: Provided, That it shall and may be 
lawful for the chairmen of committees, and candidates named 
on the official ballot of any political party to procure any 
number of facsimiles of the official ballot of their political 
party to be printed on yellow paper and to circulate the same 


Name of can 
didate for 
delegate not 
to appear on 
ballot. 


How selected. 


In cities of 
no wards or 
only one. 


County dele¬ 
gates to be 
notified by 
mail. 


Board of 
election com¬ 
missioners to 
furnish bal¬ 
lots. 


Proviso, gen¬ 
eral election 
law. 


What to con¬ 
tain. 


Size of ballot. 


What unlaw¬ 
ful for 

printer to do. 


Proviso, 

instruction 

ballot. 




12 


LAWS RELATING TO 


What names 
to appear 
on ballot. 


Filing of 
proof copies. 


Correction of 
errors. 


Names not 
printed on 
ballot. 


County 

delegates. 


County 
chairman to 
certify 
number of 
delegates. 


Election com 
missioners, 
duty of. 


for the purpose of the instruction of voters; and said colored 
ballot to have printed at the head the words, “Instruction 
Primary Ballot.” 

Am. Id. 

§ 3529. Sec. 20. The said ballots so prepared by the 
board of election commissioners in each county for use by 
the voters of any political party at said primary election, shall 
include the names of all candidates of said political party for 
the office of governor, lieutenant governor and United States 
senator, the names of all candidates of said political party, 
for district offices, and, in each county, the names of all can¬ 
didates of said political party for county offices. Proof copies 
of the ballots so prepared shall be placed on file in the office 
of the county clerk, at least ten days prior to the primary 
election, and one proof copy of such ballot shall be sent by 
registered mail with return receipt demanded to each candi¬ 
date at his last known address whose name appears upon 
such ballot. It shall be the duty of the board of election 
commissioners to correct such errors as may be called to their 
attention. No candidate shall have his name printed upon 
any official primary election ballot of any political party in 
any voting precinct in this State, unless he shall have filed 
nomination petitions according to the provisions of this act, 
and all other requirements of this act have been complied 
with in his behalf. The said ballots shall also contain as 
many lines as there are delegates to be elected to the county 
convention by the particular political party. Such lines, upon 
which may be placed the names of proposed delegates to the 
county convention, shall be printed under the title “Delegates 
to county convention,” and no ballot for a delegate to a 
county convention of any political party shall be counted 
unless prepared and voted under authority of this act. 

Am. Id. 

§ 3530. Sec. 21. The chairman of the county committee 
of each political party shall certify to the board of election 
commissioners at least twenty-five days before the holding of 
such primary election, the number of delegates to which each 
election district of said county will be entitled at the county 
convention of said political party to s be held in said county 
in said year for the purpose of electing delegates to a State 
convention called for the purpose of nominating party candi¬ 
dates for State offices. It shall be the duty of the board of 
election commissioners of any city having a population of * 
seventy thousand or more, or of any city having a population 
of less than seventy thousand, in which the voters have 
adopted the provisions of this act, to prepare the necessary 
election ballots for use of the registered and qualified voters 
of such city. The said city board of election commissioners 
shall be governed by the same rules as are prescribed for 
the preparation of ballots by the board of election commis- 



GENERAL PRIMARY ELECTION. 


13 


sioners of the county. The ballots so prepared by the board 
of election commissioners of any city shall be separate from 
any other ballot. 

§ 3531. Sec. 22. The number of ballots to be printed for 
the use of the voters of any political party at any primary 
election in any election precinct shall be not less than twenty- 
five per centum more than the total number of votes cast there¬ 
in at the last preceding general November election for the can¬ 
didate of such party for the office of secretary of state: Pro¬ 
vided, That if in the case of any political party it shall appear 
that no person has filed the necessary number of nominating 
petitions, as required by this act, for nomination as a candi¬ 
date of said party for any office, then no ballot for the use of 
said political party at the primary shall be printed. The 
official primary election ballots shall be on file at the office 
of the county clerk, or city clerk, as the case may be, for 
public inspection at least three days prior to distribution for 
use at the primary election. 

Am. 1919, Act 400. 

§ 3532. Sec. 23. It shall be the duty of the secretary of 
state to cause to be printed pamphlet copies of this act and 
to furnish to the county clerk of each county and to the city 
clerk of any city nominating under the provisions of this act, 
a sufficient number of copies thereof to enable said clerks to 
furnish at least two copies to each board of primary election 
inspectors in the particular city or county at the same time 
that other supplies for an election are furnished. 

§ 3533. Sec. 24. The official primary election ballots 
shall be prepared in the following form: At the top of each 
ballot shall be printed in large type, “Official primary elec¬ 
tion ballot.” Underneath such heading shall be printed the 
date of the election at which the ballot is to be used, together 
with a designation of the political subdivision, as county, dis¬ 
trict, city, ward et cetera, in which it is to be used. Then 
shall follow in bold faced type, the name of the political party 
and vignette, below which shall appear the following instruc¬ 
tion to voters: Make a cross in the square to the left of as 
many names for each office as may be indicated under the 
title of such office. Under this heading shall appear the 
names of the candidates seeking nomination for various offices 
on the ticket of the political party. The order of the offices on 
the ballot shall be the same, as near as may be, as is required 
by law in making up the ballot used at general elections. The 
title of the office shall be immediately above the names of the 
candidate or candidates for the nomination for such office, 
and under such title the words “Vote for,” followed by the 
word “one” or “two” or such other word as will desig¬ 
nate the number of candidates for the nomination to such 
office that may be voted for. The names of the different 
candidates shall be separated from each other by a light¬ 
faced rule with a square at the left of each name. The spaces 


Minimum 
number of 
ballots. . 


Proviso, 
when party 
ballot not to 
be printed. 


On file for 

public 

inspection. 


Pamphlet 
copies of act 
to be printed, 
etc. 


Official pri¬ 
mary ballot, 
how prepared. 




14 


LAWS RELATING TO 


Ballots to be 
numbered. 

Separate 
ballots for 
parties. 


Alternation 
of names. 


Position of 

names 

changed. 


How piled. 


To be 

numbered 

consecutively. 


Sealed and 
distributed. 


devoted to the candidates for nomination to different offices 
shall be separated by a black-faced rule so as to separate 
each office division distinctly. The ballots for each election 
district shall be numbered consecutively in the manner pro¬ 
vided by the general election law. All names of candidates 
of each political party shall be printed on a separate ballot 
and said ballot may be in one or more columns as may be 
determined by the board of election commissioners prepar¬ 
ing the same. If two or more columns are used on the 
ballot, the columns shall be separated by a black line not less 
than one-twelfth of an inch in width. The names under the 
heading designating each official position, where there are 
more names than there are candidates to be nominated for 
such office, shall be alternated on the ballot of each party 
casting not less than ten per centum of the total vote cast in 
the county or other political subdivision at the preceding 
November election for the office of secretary of state. Said 
names shall be printed on the ballot in the following man¬ 
ner: 

The forms shall be set up with the names of the candidates 
arranged alphabetically according to surnames. In printing 
each set of ballots for the several election precincts, the rela¬ 
tive positions of the different names printed in each division 
shall be changed as many times as there are candidates in 
that division having the most names. As nearly as possible 
an equal number of tickets shall be printed for each change. 

In making the changes of position, the printers shall take the 
line of type at the head of each office division and place it at - 
the bottom of the division and shove up the column so that 
the name that before was second shall be first after the 
change. After the ballots are printed and before they are 
trimmed, they.shall be kept in separate piles, one pile for 
each change in position, and shall then be piled by taking one 
ballot from each pile and placing it upon the pile to be 
trimmed in such manner that each alternative ballot shall 
have the names in a different relative position. Thereupon, 
the ballots shall be numbered consecutively on the upper right 
hand corner upon the front of the ballot with a perforated 
line across said corner and underneath said number so that 
said corner with the number thereon may be torn off. After 
the ballots shall be trimmed and done up in sealed packages, 
they shall be distributed for use at the primary election in 
the same manner as is now provided by law for the distribu¬ 
tion of ballots to be used at general elections. Ballots shall 
be prepared in substantially the following form: 





GENERAL PRIMARY ELECTION. 


15 


No. 

OFFICIAL PRIMARY ELECTION BALLOT. 

Primary election to be held. 19...., in the Town¬ 
ship of.County of., or.District 

of the.ward of the City of. 

..Party. 

(Vignette) 

Make a cross in the square to the left of as many names for each office 
as may be indicated under the title of each office. 


NATIONAL. 

LEGISLATIVE. 

United States Senator. 

Vote for one. 

State Senator. 

. District. Vote for one. 

□ JOHN DOE. 

□ JOHN DOE. 

□ RICHARD ROE. 

□ RICHARD ROE. 

□ 

□ 



STATE. 

Representative in State Legislature . 

. District. Vote for one. 

Governor. 

Vote for one. 

□ JOHN DOE. 

□ JOHN DOE. 

□ RICHARD ROE. 

□ RICHARD ROE. 

□ 

□ 



CONGRESSIONAL. 

COUNTY. 

Representative in Congress. 
. District. Vote for one. 

Judge of Probate. 

Vote for one. 

□ JOHN DOE. 

□ JOHN DOE. 

j 

□ RICHARD ROE. 

□ RICHARD ROE 

□ 

□ 


Some showing or evidence of a candidate’s right to appear on the official ballot should be in 
the hands of- the boards of election commissioners to warrant the board in causing the name 
of the candidate to be placed thereon.—Brown v. Kent Co. Elec. Com’rs. 174 / 477. 

















































16 


LAWS RELATING TO 


Signatures 
required for 
certain 
officers. 


District 

officers. 


Proviso. 


County 

officers. 


§ 3534. Sec. 25. To obtain the printing of the name of 
any candidate of any political party for United States senator 
or for governor or lieutenant governor under the particular 
party heading upon the official ballots for any primary elec¬ 
tion held in this State, pursuant to the provisions of this act, 
there shall be filed with the secretary of state nomination 
petitions, signed by a number of registered and qualified 
voters residing in this State, equal to not less than two 
per centum nor more than four per centum of the number of 
votes that such party cast for secretary of state at the last 
preceding November election. 

§ 3535. Sec. 26. To obtain the printing of the name of 
any candidate of any political party for any district office 
under the particular party heading upon the primary election 
ballots in the various voting precincts of the district when 
such district is comprised of one county or less, there shall 
be filed with the county clerk of such county, nomination 
petitions, signed by a number of registered and qualified 
voters equal to not less than two per centum nor more than 
four per centum of the number of votes that said party cast 
therein for secretary of state at the last preceding November 
election and in the case of a district office, in a district com¬ 
prising more than one county, to obtain the printing of the 
name of any candidate of any political party under the par¬ 
ticular party heading upon the primary election ballots in 
the various voting precincts of said district, there shall be 
filed with the secretary of state, nomination petitions, signed 
by a number of the registered and qualified voters residing 
in such district equal to not less than two per centum nor 
more than four per centum of the number of votes that the 
party cast therein for secretary of state at the last preceding 
November election: Provided, That when there are two or 
more candidates for representative in the State legislature 
to be nominated by each political party in a single represen¬ 
tative district, to obtain the printing of the name of any 
candidate of any political party under the particular party 
heading upon the primary election ballots in the various 
voting precincts of such district, there shall be filed, with 
the county clerk of the county of which such district forms a 
part, nomination petitions signed by a number of registered 
and qualified voters residing in such district, equal to not 
less than one per centum nor more than four per centum of 
the number of votes that the party cast in such district for 
secretary of state at the last preceding November election, 
divided by the number of representatives to which such dis¬ 
trict is entitled in the State legislature. 

§ 3536. Sec. 27. To obtain the printing of the name of any 
candidate of any political party for a county office under the 
particular party heading upon the official primary election 
ballots in the various voting precincts of a county, there 
shall be filed with the county clerk of said county nomina- 



GENERAL PRIMARY ELECTION. 


17 


tion petitions signed by a number of registered and qualified 
voters, who reside in the county, equal to not less than two 
per centum nor more than four per centum of the number 
of votes that such political party cast in such county for 
secretary of state at the last preceding November election. 
To obtain the printing of the name of any candidate of any 
political party for a city office including all ward offices under 
the particular party heading on the official primary election 
ballots for use in such city, there shall be filed with the city 
clerk of such city such nomination petitions signed by a num¬ 
ber of registered and qualified voters of such political party 
and who reside in such city, equal to not less than two per 
centum nor more than four per centum of the number of 
votes that such political party cast therein for secretary of 
state at the last preceding November election. All said nom¬ 
ination petitions may be signed by registered and qualified 
voters residing in any part of a ward for a ward office, in 
any part of a city for a general city office, or any part of a 
county for a county office, or any part of a district for a dis¬ 
trict office, or any part of the State for a State office: Pro¬ 
vided, That in cities or counties of two hundred fifty thou¬ 
sand population or more, in lieu of the above petition, a 
petition therefor, signed by the candidate, which shall state 
the name of the candidate, his residence, street, house num¬ 
ber and the political party of which he is a member, and the 
office sought, may be filed with the clerk of the county or 
city where said candidate resides, as herein provided. Such 
candidate shall at the time pay to the clerk of the city or 
county, as the case may be, a sum of money equal to one- 
half of one per centum of the salary and fees of the preced¬ 
ing year of such office, the amount thereof to be ascertained 
or estimated as nearly as may be by such clerk; and upon 
complying with the above provisions such candidate’s name 
shall be printed upon the primary ballot, if otherwise quali¬ 
fied. 

§ 3537. Sec. 28. To obtain the printing of the name of any 
candidate of a new political party for United States senator, 
governor or lieutenant governor under the particular party 
heading on the official primary election ballots in the various 
voting precincts of this State, nomination petitions signed 
by at least three thousand registered and qualified voters 
residing in the State, shall be filed with the secretary of 
state. To obtain the printing of the name of any candidate 
of a new political party for a district, county or city office, 
under the particular party heading on the official primary 
election ballots in the various voting precincts of such dis¬ 
trict, county or city, as the case may be, such candidate 
shall file nomination petitions with the secretary of state, 
county clerk or city clerk, as the case may be, signed by at 
least one hundred registered and qualified electors residing 


City officers. 


Who may 
sign. 


Proviso. 


United States 
senator, etc. 


New party 
candidates. 




18 


LAWS RELATING TO 


Proviso. 


Form of 
petition. 


Voter may 
sign only one 
nominating 
petition. 


Unlawful to 
procure more 
than maxi¬ 
mum number. 

Blank forms. 


Candidates 
may print 
own peti¬ 
tions. 

Open for 

public 

inspection. 


Record of 
petitions. 


Time to be 
kept on file. 


in such district, county or city: Provided, That any quali¬ 
fied and registered elector who resides in the particular dis¬ 
trict, county or city as the case may be, may sign the nomi¬ 
nation petition of any candidate representing a new political 
party. 

§ 3538. Sec. 29. All nomination petitions shall be in the 
following form: 

We, the undersigned registered and qualified voters affi¬ 
liated with the.party and residents 

of the city of., or the township of 

.. in the county of. 

and State of Michigan, hereby nominate., 

who resides at No.street, city of 


., or in the township of ., 

in the county of., as a candidate of 

the ...party for the office of., 

to be voted for at the primary election to be held on the 
., day of ., 


as representing the principles of said party. 


Name. Residence. Street number (in cities having street 
Nos.) Pate of signing. 


§ 3539. Sec. 30. It shall be unlawful for any registered and 
qualified voter to sign more than one such nominating peti¬ 
tion for the same office except where there are two or more 
candidates to be nominated for the same office, when he may 
sign as many petitions as there are persons to be elected to 
such office. The same rule shall apply to qualified electors in 
the signing of petitions of candidates of a new political 
party. It shall be unlawful for any candidate to wilfully and 
intentionally procure more names upon nomination petitions 
than the maximum number prescribed in this act. The vari¬ 
ous county clerks and city clerks shall prepare and keep on 
hand blank forms of nomination petitions for the use of the 
voters and candidates in said citv or countv. Nothing herein 

xJ O 

contained shall be construed to prohibit any candidate from 
having his own nomination petitions printed, but they must 
comply substantially with the above form. All such nomi¬ 
nation petitions shall be open to public inspection and sub¬ 
ject to examination after being filed in the office of the sec¬ 
retary of state, county clerk, or city clerk, in accordance with 
such reasonable rules and regulations as may be prescribed by 
such officers. The various officers named herein shall keep a 
public record of the nomination petitions filed in a book for 
that purpose, which record shall indicate the names of the 
candidates, the offices sought, and the dates when such nom¬ 
ination petitions were filed. All nominating petitions filed 
under the provisions of this act shall be preserved by the sec¬ 
retary of state, county clerk or city clerk, as the case may be, 
for a period of one year following the primary election for 


















GENERAL PRIMARY ELECTION. 


19 


which the same were filed. At the expiration of that period 
the secretary of state, county clerk or city clerk, as the case 
may be, shall return the petitions to the candidates named 
therein who request their return, and he shall destroy by 
mutilation all petitions for the return of which he has not 
received any request. In the record of nominating petitions, 
the various officers keeping such record shall cause entries to 
be made, stating the final disposition of each candidate’s peti¬ 
tions. 

Am. 1919, Act 400. 

Sec. 30a. The name of no candidate for any office, shall be 
printed on any primary election ballot, unless there shall be 
filed with the official with whom such petition is filed, an 
affidavit properly executed by such candidate, stating that he 
is a member of a certain political party, naming it, and that 
he will support the principles of that political party of which 
he is a member, if nominated and elected; that he is not, and 
will not become a candidate for the same or any other office 
on any other party ticket at said primary election. His name 
shall be printed only on the party ballot of which he is a mem¬ 
ber as shown by his affidavit. The said affidavit shall be in 
substantially the following form : 

State of Michigan,—County of.—ss. 

.of the.of 

.county of., State of 

Michigan, personally appeared before me.in and 

for said county, who being first duly sworn, deposes and says, 

that he is a candidate for the office of.of 

the.party at the primary election 

to be held on the.day of September, A. D. 191..; 

that he is a member of said party and if nominated and elected 
will support the principles of said party; that he is 
not a candidate for the same office or any other office, on any 
other party ticket at said primary election, and will not 
become such at the said primary election, nor at the regular 
election next to follow thereafter. 


Subscribed and sworn to before me this.day of 

.. A D. 191... 


Notary public.County of Mich. 

My commission expires. 

Added 1919, Act 400. 

Sec. 30b. Should any such person become a candidate on 
any party ticket other than the party to which he belongs, as 
shown by his affidavit, for the same office, or for any other 
office at the following primary election, his uoxaiiiatioB on any 


Final disposi¬ 
tion of peti¬ 
tions. 


Candidate 
must file affi¬ 
davit giving 
party affilia¬ 
tion. 


Name to ap¬ 
pear on one 
ballot only. 

Form of 
affidavit. 


When nomi¬ 
nation void. 


















20 


LAWS RELATING TO 


In case can¬ 
didate nomi¬ 
nated on 
more than 
one ticket, 
etc. 


Five days in 
which to 
decide. 


Petitions, 
filing of. 


Candidates, 
list of. 


Proviso. 


Certification. 


Deficient 

petitions. 


ticket shall be void and his name shall not thereafter be 
printed on the ballot at the regular election following. 
Should he be nominated on any other party ticket for the 
office for which he is a candidate, or for any other office, by 
having his name written in or by pasting on slips, the nomi¬ 
nation on such party ticket only shall be void. Should a 
candidate be nominated on more than one party ticket by 
having his name written in or by the use of slips, at an elec¬ 
tion at which he was not a candidate for any office on any 
party ticket by reason of having filed a petition and affidavit, 
he shall elect within five days after the official canvass upon 
which ballot he wishes his name to appear, and unless such 
election is made, his name shall not appear on either ballot. 

Added Id. 

§ 3540. Sec. 31. The secretary of state and the various 
county clerks and the city clerks of cities in which city officers 
are to be elected at the November election shall receive nomi¬ 
nation petitions filed in accordance with the provisions of this 
act up to four o’clock, standard time, in the afternoon of the 
thirty-first day before the August primary, and in counties, 
districts and cities where district and local officers are elected 
at a time other than the November election, the county and 
city clerk thereof or the secretary of state shall receive nomi¬ 
nation petitions filed in accordance with the provisions of 
this act up to four o’clock, standard time, in the afternoon 
of the twenty-first day before the time designated for hold¬ 
ing a primary election in such district, county or city. The 
secretary of state, or county or city clerk shall forthwith pre¬ 
pare and publicly expose in his office a list of the candidates 
for offices named in the nomination petitions filed in his 
office, as near as may be, as they will appear upon the official 
primary election ballots: Provided, That if any nomination 
petitions contain more than the necessary percentage of names 
hereinbefore referred to, the excess over and above the neces¬ 
sary four per centum shall not be considered nor counted. 
The said secretary of state, or county or city clerk, shall 
forthwith, after the last day named herein for receiving and 
filing nomination petitions, certify to the proper board or 
boards of election commissioners in such city, county, district 
or in the State and to the proper county clerk, the names 
and post office addresses of all party candidates whose peti¬ 
tions meet the requirements of this act, together with the 
name of the political party and the office for which they are 
candidates. In case it is determined that the nomination 
petitions of any candidate do not comply with the require¬ 
ments of this act, or if for any other cause such candidate is 
not entitled to have his name printed upon the official pri¬ 
mary election ballots, it shall be the duty of the secretary of 
state or county or city clerk to immediately notify such can¬ 
didate of such fact, together with a statement of the reasons 



GENERAL PRIMARY ELECTION. 


21 


why his name was not certified to the respective boards of 
election commissioners. 

§ 3541. Sec. 32. All primary elections for the nomination 
of party candidates for office shall be held by election pre¬ 
cincts the same as general elections are held, and the polls 
thereof shall be kept open in the respective precincts for the 
same length of time: Provided, That the township board of 
any township or the legislative body of any city may direct 
that the polls be held open until eight o’clock p. m., standard 
time. 

Am. 1919, Act 400. 

§ 3542. Sec. 33. Each primary election shall be presided 
over by a board of primary election inspectors, which board 
shall be composed of the members of the board of election 
inspectors provided for under the general election law. The 
provisions of the general election law relative to the furnish¬ 
ing and distribution of ballots, tally sheets, pencils, ballot 
boxes, arrangement of booths, initialing of ballots, powers and 
duties of inspectors, manner of conducting the election, and 
all other matters shall be applicable hereto except insofar as 
the provisions thereof may be inconsistent herewith: Pro¬ 
vided, however, That the number of persons constituting a 
board of primary election inspectors and the gate keepers 
may in the discretion of the township board or common coun¬ 
cil of cities, be reduced to such a number as may be actually 
necessary to properly perform the duties thereof and in case 
the number is reduced said board or common council shall 
designate who shall act. 

§ 3543. Sec. 34. After the polls are opened at a primary 
election, any elector who is legally registered and qualified, 
shall, before entering the booth, be furnished a ballot. It shall 
be competent for any registered and qualified voter or primary 
election inspector present to challenge the right of any one 
offering to vote, on the ground that he is not a legal voter in 
that precinct. When the right of any voter to a ballot is 
challenged he shall be required to take and subscribe an oath 
that he is a registered and qualified voter. Such oath shall 
be in the following form: 

I hereby solemnly swear (or affirm) that I am a resident 
and registered and qualified elector, and possess the qualifica¬ 
tions of a legal voter, in the township of. 

or in the.precinct of the 

.....ward of the city of. 

If the challenged voter takes and subscribes to the above 
oath he shall then receive the ballot for which he has asked 
and be entitled to vote it, the same as if his vote had not 
been challenged; but unless a challenged voter takes and sub¬ 
scribes to the above oath, he shall not be permitted to vote 
at such primary election. If any person who takes the fore¬ 
going oath, swears falsely, he shall upon conviction thereof, 


How elections 
to be held. 


Proviso, 
closing hour. 


Election 

inspectors. 


Proviso. 


Challenged 

voter. 


O&th. 







22 


LAWS RELATING TO 



How ballot 
to be voted. 


Proviso, on 

only one 

ballot. 

Minimum 

number of 

votes 

required. 


Folding of 
ballot, etc. 


Securing of 
ballot. 


Depositing of 
ballot. 


Exposing of 
ballot. 


Challengers. 


be subject to all the pains and penalties of perjury. The pro¬ 
visions of section three thousand five hundred twentv-two of 
the compiled laws of eighteen hundred ninety-seven are ex¬ 
pressly made applicable hereto. A record shall be kept of any 
primary ballot cast by any voter whose right to vote has been 
challenged, in a similar manner to that provided in the gen¬ 
eral election law. 

§ 3544. Sec. 35. Each voter after having received his bal¬ 
lot, shall enter a booth and while there concealed from view 
shall vote such ballot by making a cross in the square at the 
left of the names of such candidates as he may desire to vote 
for, but in no case for more candidates for any office than is 
indicated under the title of such office. He may, however, 
vote for any person whose name is not printed on the ballot by 
inserting such name in such manner as shall make it a substi¬ 
tute for any name which is printed thereon or where no candi¬ 
date’s name appears upon the ballot: Provided, That such 
name substituted is not printed on any other party ballot: 
Provided further, That no person who is voted for on any 
party ballot for any State, district, county, city, or ward office, 
whose name is not printed on such ballot, and who has not 
filed a nomination petition for the office voted for, shall be 
deemed nominated as the candidate of such party for such 
office, nor receive a certificate of nomination unless he shall 
receive a total vote equal to five per centum of the greatest 
number of votes cast by such party at such primary in the 
State, district, county, city, or ward, as the case may be, for 
any candidate or for all the candidates for nomination for 
any office for which only one person is to be nominated. The 
voter shall then fold the ballot so that the perforated corner 
bearing the number shall be on the outside, and shall present 
it to the proper member of the board of inspectors who shall 
tear off the corner bearing the number and shall deposit the 
ballot in the ballot box. When a duly registered and quali¬ 
fied voter shall ask for a ballot as before provided, the inspec¬ 
tor shall enter his name upon the list together with the name 
of the party the ballot of which is requested, and the number 
of the ballot given to the voter. The inspector receiving the 
ballot after the same has been voted shall, before depositing 
it in the box, ascertain by comparison with such list whether 
the ballot given to him is the same ballot furnished to the 
voter, and if it is not the same ballot, he shall reject it and 
the voter shall not be allowed to vote at such primary election. 
If any voter shall, after marking his ballot, so expose it to 
any person as to reveal the name of any candidate voted for 
thereon, the ballot shall be rejected by the board of election 
inspectors Tind the voter shall forfeit the right to vote at the 
primary election. A note of such occurrence shall be made 
upon the poll list opposite the name of the voter. Chal¬ 
lengers who have been duly appointed shall be allowed to be 
present with like powers to challenge voters as are provided 
by law in the case of general elections. 

Am. 1919, Act 400. 



GENERAL PRIMARY ELECTION. 


23 


§ 3545. Sec. 36. After the closing of the polls on the day 
of holding any primary election, the ballots shall be counted 
as provided by law for the counting of the ballots of any regu¬ 
lar election. In counting such ballots only those candidates 
for nomination to office who have a cross made in the square 
at the left of their names shall be deemed to have been voted 
for and any ballot upon which more candidates for any office 
have been voted for than may, by law, be elected to such office 
shall be rejected as to all names appearing for that office. 
The required number of electors who received the highest 
number of votes for delegates to the county convention of 
any political party shall be declared by the board of primary 
. election inspectors to be elected. Said board shall certify to 
the county clerk the names of the electors so elected as dele¬ 
gates, naming the political party upon whose ballots such 
electors were elected. Said board shall also certify to each 
delegate so elected, his election as such delegate. The county 
clerk shall certify to the chairman of the county committee 
of each political party of the county the delegates elected by 
each political party as delegates to the county convention. 

Am. Id. 

§ 3546. Sec. 37. After the votes at any primary election 
in any election precinct shall have been counted, the officials 
counting the same shall publicly declare the result, and forth¬ 
with make and certify written detailed statements, such as 
are required by law for general elections, except as herein¬ 
after provided, showing the whole number of votes cast in 
such election precinct for each candidate voted for on each 
party ballot, and shall certify, subscribe and seal in a sepa¬ 
rate envelope such statements and one of the tally sheets, and 
write thereon the name and number of the election precinct, if 
any, and deliver such statements and tally sheets to such per¬ 
sons and at such times as are required by law for general elec¬ 
tions. As soon as they have completed the counting of the 
votes of their respective precincts they shall return all the 
ballots voted to the ballot boxes, and all books, unused 
ballots, supplies, lists and subscribed oaths shall be safe¬ 
guarded and returned, as near as may be, in the manner pro¬ 
vided for by law governing general elections. 

§ 3547. Sec. 38. The returns of said primary election 
shall be canvassed and the results declared in the same man¬ 
ner and within the same time after the primary election and 
by the same officers as is provided by the general law for can¬ 
vassing the returns and declaring the result in city, county, 
district and State elections, except that in the case of a pri- 
marv for the nomination of a candidate for the office of United 
States senator, governor, or lieutenant governor, or for the 
nomination of candidates for district offices in districts com¬ 
prising more than one county, the county clerk of each county 
affected shall transmit to the secretary of state, within five 


How counted, 
etc. 


Certification 
of delegates. 


Result, how 
declared, etc. 


Ballots, 
disposal of. 


Canvassing 
of returns. 




24 


LAWS RELATING TO 


To be can¬ 
vassed by 
board of 
state can¬ 
vassers. 


Method. 


Who to be 

declared 

nominee. 


Certification 
of nomina¬ 
tions. 


Irregularities. 


Petitioner to 

make 

deposit. 


days after the primary election, a certified statement of the 
number of votes received by each person for nomination as 
a candidate of any political party for any of the said offices. 
The secretary of state shall appoint a meeting of the board 
of state canvassers at his office not later than twenty days 
after the primary election (which date he shall forthwith 
certify to the chairman of the State central committee of 
each political party,) for the purpose of canvassing the 
returns and declaring the result of the primary for the nom¬ 
ination of the candidates for such offices. The said board 
shall proceed in the same manner in canvassing the returns 
and in certifying, recording and determining results, etc., of 
a primary for the nomination of candidates for United States 
senator and governor and lieutenant governor as is done in 
canvassing the returns in the case of the election of State 
officials. In canvassing the returns of a primary for the 
nomination of candidates for the offices of representative in 
congress, State senator and representative in the legislature, 
in districts composed of more than one county, said board 
shall proceed in like manner as is done in canvassing the 
returns in case of the election of representatives in congress. 

Am. 1919, Act 400. 

Withey v. Board of State Canvassers, 194 / 564. 

§ 3548. Sec. 39. The candidate of each political party for 
nomination for any office who receives the greatest number of 
votes cast for candidates for anv such office as set forth in the 
returns or as determined by the board of canvassers on the 
recount by it of said ballots, shall be declared the nominee 
of that political party for said office at the next ensuing 
November election, or at the next city election, or at the next 
election for United States senator, as the case may be, and 
the board of canvassers shall forthwith certify such nomina¬ 
tions to the respective boards of election commissioners 
affected thereby. 

Am. Id. 

§ 3549. Sec. 40. Any candidate voted for at any primary 
election provided for in this act, who conceives himself ag¬ 
grieved on account of fraud or error by the board of primary 
election inspectors, or in the count of the votes cast, or the 
returns made by said board, may, on or before the close of the 
day or days upon which the board of city or county canvas¬ 
sers meet, present to and file with the chairman or secretary 
of the particular board of the county or city in which a re¬ 
count is asked, a written or printed petition, which shall be 
sworn to, and shall set forth as near as may be the nature of 
the errors or fraud complained of, and the particular town¬ 
ship, ward or precinct in which the alleged irregularities oc¬ 
curred and ask for a recount of the votes cast therein. Such 
petitioner shall at the same time deposit with the chairman or 
secretary of said board the sum of ten dollars for each and 


i 



GENERAL PRIMARY ELECTION. 


25 


every township or ward, but the whole amount shall not ex¬ 
ceed one hundred dollars in any one county, the vote of which 
he requests to have recounted by said board. When said pe¬ 
tition is filed and the amount herein prescribed is deposited, 
and after giving at least twenty-four hours written notice 
thereof to the opposing candidate by handing to such candi¬ 
date a copy of the petition, or if such candidate cannot be 
found, by leaving such copy at his place of residence, with 
some person of suitable age, if such person can be found, and 
if not by posting it in some conspicuous place upon his last 
known place of residence. It shall be the duty of said board 
of canvassers to investigate the facts set forth in said peti¬ 
tion and to cause the ballot boxes used in such election in 
such township or ward to be brought before it. The said 
board shall thereupon, in some public place where the inter¬ 
ested candidates and their counsel may be present, if they so 
desire, proceed forthwith to open the ballot boxes from such 
townships or wards and to make a recount thereof as to such 
candidates, and make a correct and complete return in writ¬ 
ing showing the full number of votes cast and the names of 
the candidates and the number of votes given to each. When 
the recount of each box is completed the said board shall at 
once return the ballots thereto, carefully lock and seal same 
in the manner provided by law for the locking and sealing of 
ballot boxes, and deliver the ballot boxes to the officer having 
the care and custody thereof. The returns made by the 
said board of canvassers upon such recount shall be deemed 
to be correct, anything in the previous return from such 
township, ward or precinct, to the contrary notwithstanding. 
In all cases where, by reason of such recount or recounts, 
the petitioner succeeds in establishing frauds or mistakes 
sufficient that the total changes made thereby in the territory 
from which he is to be nominated shall result in his nomina¬ 
tion, the money deposited by him with each of such boards 
shall be refunded; otherwise it shall be turned into the 
treasury of the county or city, as the case may be. If two or 
more candidates of the same political party be tied for the 
same office, the tie shall be determined by lot to be cast then 
and there, as the canvassing board may direct. 

§ 3550. Sec. 41. The several boards of election commis¬ 
sioners shall cause to be printed upon the official election bal¬ 
lots to be used at the November or April election, or at the 
city election, as the case may be, the names of the candidates 
for office selected under the provisions of this act: Provided, 
That when any candidate shall die or shall withdraw as such 
candidate before the printing of the ballots, after having 
been nominated as herein provided, the proper board of elec¬ 
tion commissioners shall cause to be printed or placed upon 
such ballot in place of the name of such candidate or to fill 
such vacancy, the name of the candidate which shall be se¬ 
lected by the proper party committee as shown by the cer- 


Notice to 
opponent. 


Canvassers, 
board of, 
when to 
open ballot 
boxes. 


Returns, 
when deemed 
correct. 


Tie vote. 


Printing of 
names on 
ballot. 


Proviso, 

vacancy. 





26 


LAWS RELATING TO 


Proviso. 


Chairman, 
etc., of county 
committee. 


tificate of its chairman and secretary, in the manner provided 
for in the general election law; and for this purpose, in a 
county comprising a single representative or senatorial or 
congressional district, the county committee of each political 
party of each such county shall constitute the representative 
or senatorial or congressional committee of said political 
party for such representative or senatorial or congressional 
district, as the case may be; and in a county comprising more 
than one representative or senatorial or congressional district 
the members of the county committee of each political party, 
residing in each such representative, senatorial or congres¬ 
sional district of such county, shall constitute a committee of 
said political party for such representative or senatorial or 
congressional district, as the case may be, and such commit¬ 
tee shall elect its chairman and other officers; and in repre¬ 
sentative or senatorial or congressional or judicial districts 
comprised of more than one county, the county committee 
provided for in this act, of each political party of each county 
of such representative or senatorial or congressional or judi¬ 
cial district, or the members of the county committee repre¬ 
senting that portion of any county forming part of such rep¬ 
resentative or senatorial or congressional or judicial district, 
as the case mav be, shall elect one or more electors of said 
political party, residing within the district that he is to rep¬ 
resent, as a member of the committee of such political party 
for such district: Provided, That the party nominee or nom¬ 
inees, if more than one from the same district, shall have 
the privilege, if he or they so elect, of naming the committee 
of the political party for the district from which he or they 
have been nominated. Such committee shall elect a chairman 
and other officers of which the chairman shall have a vote on 
all questions. The candidates for county offices nominated at 
each August primary of each political party shall within ten 
days after the said primary election, meet at a time and 
place to be fixed by the then chairman of the county commit¬ 
tee and elect a chairman and secretary of the county com¬ 
mittee who shall hold such position for a period of two years 
and until their successors are selected. When such death or 
withdrawal shall occur subsequent to the printing of the 
official ballots, it shall be the duty of said board of election 
commissioners, if time permits, to forward the various elec¬ 
tion inspectors’ slips containing the name of the candidate 
entitled to fill the vacancy caused by such death, or with¬ 
drawal slips shall be pasted in the proper place upon the 
official ballot by the board of election inspectors. If in any 
case a person is nominated for any office by more than one 
political party, it shall be his duty to elect within five days 
after the official canvass of the returns of said primary elec¬ 
tion upon which ticket he wishes his name to appear, and un¬ 
less such election is made such candidate’s name shall not be 



GENERAL PRIMARY ELECTION. 


27 


printed on any ballot: Provided, That in case of the death Proviso, 
or withdrawal of any candidate as hereinbefore mentioned, 
or in case a candidate is nominated for any office by more 
than one political party, and such vacancy shall not be filled 
by the proper committee within five days from the time of 
its occurrence, the board of election commissioners shall print 
on said official ballot, in place of the candidate who has died, 
withdrawn or elected to have his name appear upon another 
party ticket, the name of the person who received the next 
highest vote at the primary for that office on such party 
ticket: Provided further, That it shall be unlawful for any Further 
board of election commissioners to print on any official elec¬ 
tion ballot prepared for the use of voters at any election the 
name of any candidate required by this act to be nominated 
by primary election, unless such candidate was selected under 
authority of this act and this prohibition shall operate 
against any candidate selected in any mass convention or by 
any so-called independent voters at any caucus or conven¬ 
tion. The candidates for city offices, in cities having a popu¬ 
lation of less than seventy thousand, the voters of which have 
not adopted the provisions of this act, shall be nominated in 
convention and the names of such candidates certified to the 
proper board of election commissioners and placed upon the 
official ballots in the manner provided for by existing law. 

§ 3551. Sec. 42. The county conventions of all political Mentions 011 
parties for the election of delegates to a State convention for when and 
the nomination of State officers in the even numbered years, whereheld - 
shall be held within fifteen days after the August primaries. 

All such county conventions of any one political party shall 
be held on the same day throughout the State, which day shall 
be designated by the State central committee of such political 
party in its call for the State convention to nominate candi¬ 
dates for State offices. The time and place of meeting of 
such county convention shall be designated in the call issued 
therefor by the respective county committees of such political Numbor of 
party. The number of delegates to which such political party delegates, 
in such county is entitled shall be chosen at such county con¬ 
vention. 

Am. 1919, Act 400. 


§ 3552. Sec. 43. The State convention of all political state conven- 
parties for the nomination of candidates for State offices in and’where 
the even numbered years shall be held within forty days after held - 
the August primary but not less than ten days after the day 
appointed for the meeting of the board of State canvassers 
for the purpose of canvassing the primary election returns 
mentioned in this act. The particular day and the time and 
place of meeting shall be designated by the State central com¬ 
mittees of the various political parties in the calls for said 
State conventions, which calls shall be issued at least thirty 
days prior to the August primaries. 

Am. Id. 



28 


LAWS RELATING TO 


When 
certain 
cities desire 
to adopt 
primary or 
resubmit. 


Proviso, 
where direct 
voting 
required. 


All primary 
elections 
governed 
by this act. 

Misde¬ 

meanors, 

what 

deemed. 


§ 3553. Sec. 44. Whenever the voters of any city of less 
than seventy thousand population shall decide to select party 
candidates pursuant to the provisions of this act, the peti¬ 
tions for submission or resubmission of the question itself, the 
nomination of candidates, the printing of ballots, the conduct¬ 
ing of the primary, and any other provisions for city nomina¬ 
tions shall be governed, insofar as applicable, by the provis¬ 
ions of this act relative to the nomination of party candidates 
for district offices: Provided, That in any city of more than 
seventy thousand population the nomination of candidates 
for city offices by all parties shall be by direct vote, and in 
cities of less than seventy thousand population where any 
political party is now nominating its candidates for city 
offices by the direct voting system provided for in this act or 
some former act, every political party in such city shall here¬ 
after so nominate its candidates, unless the qualified voters 
of such city shall decide othex’wise, according to the pro¬ 
visions of this act. The primary election in cities having 
adopted the direct voting system for the nomination of can¬ 
didates for city offices to be voted for on the first Monday 
of April provided for in this act shall be held on the first 
Wednesday of March preceding such April election. All pri¬ 
mary elections held in this State shall be governed by and 
conducted in accordance with the provisions of this act. 

§ 3554. Sec. 45. Every person who, directly or indirectly, 
by himself or by any other person in his behalf, gives, lends, 
or agrees to give or lend, or offers, or promises any money or 
valuable consideration, or promises or endeavors to procure 
any money or valuable consideration qr office, place or em¬ 
ployment, to or for any voter, or to or for any person on 
behalf of any voter, or to or for any person in order to induce 
or have such person induce any voter to vote for or refrain 
' from voting for, or support or oppose any candidate, or on 
account of such voter having voted or refrained from voting 
at any primary election in this State; every person who by 
any means receives, agrees or contracts for any money, gift, 
fee, loan or valuable consideration, office, place, appointment 
or employment for himself or any other person, for voting 
or agreeing to vote, or for refraining or agreeing to refrain 
from voting in a particular manner at any such primary elec¬ 
tion; or for inducing, or undertaking to induce any other 
person to vote in a particular manner, or to do or perform 
any of the acts or things forbidden by this act, or on account 
of doing or agreeing to do, or having done any campaign 
work, electioneering, soliciting votes for such candidates on 
primary day or prior thereto, or who after any primary elec¬ 
tion in this State, directly or indirectly, by himself or by 
any other person in his behalf, gives or receives any money 
or valuable consideration or place, position or employment on 
account of any person having voted or refrained from voting, 
or having induced any other person to vote or refrain from 




GENERAL PRIMARY ELECTION. 


29 


voting at any such primary election; or having induced or 
undertaken to induce any other person to vote in a particular 
manner of for any particular candidate at any such primary 
election, or on account of any person having done or been a 
party to doing anything forbidden by this act, it being the 
intent of this clause to prohibit the prevailing practice of 
candidates hiring with money and promises of positions, etc., 
workers on primary day and prior thereto; also every person 
who in behalf of any firm, partnership, association or cor¬ 
poration, gives, lends or receives, or agrees to give, lend or 
receive, or offers or promises any money or valuable considera¬ 
tion, place, position or employment, or promises or endeavors 
to procure any money or valuable consideration, in order to 
aid or promote the nomination of any particular candi¬ 
date, shall be deemed guilty of a misdemeanor, and upon con¬ 
viction thereof shall be punished by a fine not exceeding five 
hundred dollars or by imprisonment for a period of not more 
than six months, or by both such fine and imprisonment in 
the discretion of the court. 

§ 3555. Sec. 46. Any person who shall, while the polls 
are open, at any polling place on any primary day, solicit votes 
in the said polling place, or within one hundred feet thereof; 
any person who shall offer or give to any other person any 
intoxicating liquors, or drink any intoxicating liquors within 
any such polling place; any person who shall violate any of 
the requirements or provisions of this act for which a penalty 
is not herein otherwise provided; any person who shall refuse 
or neglect to perform any duty enjoined upon him thereby; 
and any member of any primary election board who shall neg¬ 
lect or refuse to comply with any provision of this act upon de¬ 
mand of any elector or police or peace officer so to do, and 
any person who shall vote or attempt to vote more than once, 
or in more than one election district at the same primary elec¬ 
tion, and any person who shall vote at any primary election 
or attempt to so vote when he is not legally entitled to so 
vote shall be deemed guilty of a misdemeanor and, upon con¬ 
viction thereof, shall be subject to the punishment prescribed 
in the preceding section, and is hereby made the duty of any 
police or other peace officer present and having knowledge of 
any violation of any of the provisions of this section to forth¬ 
with institute criminal proceedings for the punishment of 
such offender. 

§ 3556. Sec. 47. It shall be unlawful for any candidate 
for nomination under the provisions of this act, after the date 
on which he has announced himself a candidate for any office 
included within the provisions of this act, or after he has filed 
his petition to have his name placed upon the primary bal¬ 
lot, and before the close of the polls of such primary on pri¬ 
mary day, directly or indirectly, by himself or by any other 
person, to post, pay for posting, or cause to be posted upon or 
in any building, or upon any tree, post, fence, billboard, tele* 


Penalty. 


Misdemeanor, 
what deemed. 


Campaign 
card, etc., 
unlawful to 
post. 



30 


LAWS RELATING TO 


Idem. 


Postal 
cards, etc. 


Money, etc., 
soliciting of. 


graph or telephone pole, vehicle or other object within the 
territory where he is a candidate, any campaign card, banner, 
hand bill, poster, lithograph, half-tone engraving, photograph 
or other likeness of himself, or other advertising matter used, 
or intended for the purpose of advertising or advancing his 
candidacy for office. 

§ 3557. Sec. 48. It , shall be unlawful for any person, 
after he has declared himself a candidate for any office in¬ 
cluded in the provisions of this act or filed his primary peti¬ 
tion therefor as herein provided, and before the close of the 
polls on primary day, for the purpose of promoting his candi¬ 
dacy therefor, or for use in his campaign for such office, di¬ 
rectly or indirectly, to print or cause to be printed, pay or 
cause to be paid for printing, circulate or distribute, or cause 
to be circulated or distributed, any campaign cards, hand bill, 
banner, poster or other advertising matter larger than two 
and one-fourth inches in width by four inches in length, except 
postal cards and letters, or which contains any lithograph, 
half-tone engraving, photograph or other likeness of himself, 
which likeness is larger than one and one-half inches in width 
by two inches in height, excepting advertisements in news¬ 
papers as hereinafter provided, or to publish or cause to be 
published, pay for publishing, or cause to be paid for pub¬ 
lishing, any printed matter whatsoever, or any lithograph, 
half-tone engraving or other likeness of himself, or any other 
political advertisement of any kind or nature whatsoever 
which is intended, published or manufactured for the pur¬ 
pose of promoting or advancing his candidacy for such office, 
or influencing voters relative to his said candidacy in or upon 
any magazine, program, bill of fare, ticket for any ball or 
other entertainment, or upon or in any other substance or 
publication whatsoever, except in a daily, weekly or monthly 
newspaper which has been regularly and bona fide published 
and circulated for at least three months before such adver¬ 
tisement is to be inserted therein. It shall be unlawful for 
any other person to do or perform for or on behalf of any 
such candidate or to help or injure the candidacy of any 
candidate, any of the acts or things which it is by this act 
made unlawful for such candidate to do. 

• § 3558. Sec. 49. It shall be unlawful for any person to 
solicit from any candidate for nomination for any office in¬ 
cluded in the provisions hereof, any money or other property. 
The provisions of this section shall not apply to requests for 
contributions of money by or to an authorized representative 
of the political party committee of the organization to which 
such candidate belongs, and shall not apply to any regular 
business transaction between any such candidate and any 
other person, which is not intended for or connected with the 
securing of votes or the influencing of voters in connection 
with such nomination. 



GENERAL PRIMARY ELECTION. 


31 


§ 3559. Sec. 50. It shall be unlawful for any candidate for 
nomination for any office included in the provisions of this 
act, or any other person on his behalf, for the purpose of help¬ 
ing his candidacy for such office, directly or indirectly to pay 
for publishing or cause to be inserted or published in any 
newspaper any lithograph, half-tone engraving or other like¬ 
ness of such candidate larger than one and one-half inches in 
width by two inches in height or any advertisement in which 
more than ten per centum of the printed matter is printed 
in a larger type than the regular type used in printing the 
editorials of such newspaper, excepting therefrom the name 
of such candidate and the title of the office for which he is a 
candidate, and no such candidate shall pay for, or, directly or 
indirectly, cause any advertisement or any likeness of him¬ 
self to be inserted or published in any such newspaper which 
charges or demands from him a higher rate therefor than 
the highest regular rate which such newspaper charges other 
persons or firms for non-political advertisements for the same 
space, position and number of insertions, and all candidates 
shall exercise reasonable diligence to ascertain what such 
regular advertising rate is before inserting any such adver¬ 
tisement, and if he shall be misinformed as to such rate 
he shall not be held responsible under the provisions of this 
act for such illegal publication. It shall be unlawful for any 
person, firm or corporation or employe thereof, soliciting or 
receiving any such advertisements or printed matter for any 
such newspaper from any such candidate, to misinform any 
such candidate as to such advertising rates. 

§ 35G0. Sec. 51. It shall be unlawful for any candidate 
for nomination under the provisions of this act, after he has 
announced himself as a candidate for any office included in 
this act, or after he has filed his petition to have his name 
placed upon the primary ballot as herein provided, and before 
the close of the polls on any primary day, in any store, saloon, 
hotel, hall or other public building, public street or place 
within the territory from which he seeks a nomination, di¬ 
rectly or indirectly to buy or give to, or cause to be bought 
for, or given to, any elector residing therein any spirituous, 
malt, brewed, fermented or other intoxicating liquor or bever¬ 
age. It shall be unlawful for any person for or on behalf 
of any such candidate, or to help or injure the candidacy of 
any candidate, in any of the places included in this section, 
to buy for, give to, or cause to be bought for or given to 
any elector, any of the liquors or beverages included in this 
section for the purpose of influencing the vote or support of 
such elector for or against any such candidate, or when it 
is announced or made known in any way to any such elector 
before or after such beverage is served that the same are 
given or served for the purpose of assisting or injuring the 
candidacy of any candidate, or influencing the action of such 
elector in relation thereto, it being the intent of this section 


Lithograph, 
etc., unlawful 
to publish. 


Treating 

unlawful. 




32 


LAWS RELATING TO 


Misdemeanor. 


Penalty. 


Penalty. 


Prosecution. 


Certain 
sections of 
act posted. 


Duty of 
clerk, etc. 


Election day, 
what deemed. 


to prohibit the prevailing custom of treating by candidates 
for nomination for public office or by any other person on 
behalf of such candidates. 

§ 3561. Sec. 52. Any person who shall do or perform any 
act or thing which is by this act made unlawful for him to do, 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine not to exceed five hundred 
dollars or by imprisonment not exceeding six months, or both, 
in the discretion of the court. 

§ 3562. Sec. 53. When by this act any act or duty is re¬ 
quired to be done or performed by or under the direction, sup¬ 
ervision or authority of any officer, and such act or duty shall 
not be done or performed, then the officer who shall neglect 
to perform such act or duty, or who shall be responsible for 
such neglect, shall be guilty of a misdemeanor and shall be 
punished as provided in section fifty-two hereof. 

Am. 1919, Act 400. 

§ 3563. Sec. 54. No prosecution for any offense men¬ 
tioned in this act shall be maintained unless it shall be com¬ 
menced within six months after the date of the primary elec¬ 
tion in connection with which the offense is alleged to have 
been committed. Neither the complaining witness, nor any 
other person who may be called to testify in behalf of the 
people in any such proceeding, shall be liable to criminal 
prosecution under this act for any offense in respect to which 
he shall be examined or to which his testimony shall relate, 
except to prosecution for perjury committed in such testi¬ 
mony. 

§ 3564. Sec. 55. It shall be the duty of the county clerk 
of each county to cause to be printed large cards or posters 
containing verbatim the whole of sections thirty-four and 
forty-six of this act, and shall furnish two of the same to the 
board of primary election inspectors of each election precinct 
in his county at the same time that the official ballots for use 
at primary elections are delivered, and the board of primary 
election inspectors shall cause the said posters to be posted 
in conspicuous places in the polling places so that the same 
can be plainly seen and read by all persons at any primary 
election. It shall be the duty of the clerk of any city, town¬ 
ship or village in which this act is operative to deliver to the 
board of primary election inspectors of each election precinct 
within his jurisdiction, before the time for opening of the 
polls on primary election day, the register of electors and 
the blanks for poll lists and returns and any other supplies 
necessary to carry out the provisions of this act not herein 
otherwise provided for. 

§ 3565. Sec. 56. The day on which any primary election 
shall be held pursuant to the provisions of this act, shall be 
deemed to be an election day in any city, county or district 
where such primary election is held within the meaning of 



GENERAL PRIMARY ELECTION. 


83 


section seventeen of act number three hundred thirteen of the 
public acts of eighteen hundred eighty-seven, entitled “An act 
to provide for the taxation and regulation of the business of 
manufacturing, selling, keeping for sale, furnishing, giving or 
delivering spirituous and intoxicating liquors, and malt, 
brewed or fermented liquors, and vinous liquors in this State, 
and to repeal all acts and parts of acts inconsistent with the 
provisions of this act:” Provided, That such primary election 
day shall not be deemed an election day or a holiday for any 
purpose except as indicated in this section. 

§ 3566. Sec. 57. Act number four of the public acts of the 
extra session of nineteen hundred seven, entitled “An act rela¬ 
tive to the nomination of party candidates for public office 
and delegates to political conventions, to regulate primary 
elections and to prescribe penalties for violations of its pro¬ 
visions/’ and all local primary election acts or other acts 
contravening the provisions of this act are hereby repealed. 


ABSENT/ VOTER S.J 

AN ACT to provide a method of voting at any general, special 
or primary election by electors in the actual military service 
of the United States or of this State, or in the army and 
navy thereof, in time of war, insurrection or rebellion, by 
members of the legislature while in attendance at any ses¬ 
sion of the legislature, by students while in attendance at 
any institution of learning, and by commercial travelers 
absent from their place of residence upon the day of any 
general, special or primary election; to provide for the time 
of holding primary elections, caucuses or conventions for 
the nominations of candidates; to provide the time for 
printing official ballots and to repeal all acts or parts of 
acts inconsistent herewith. 

[Act 270, P. A. 1915.] 

The People of the State of Michigan enact: 

§ 3794. Section 1. For the purposes of this act the term 
“absent voter” shall be taken to mean any elector in the actual 
military service of the United States or of this State, or in the 
army or navy thereof, in time of war, insurrection or rebel¬ 
lion, members of the legislature while in attendance at any 
session of the legislature, students while in attendance at any 
institution of learning, and commercial travelers who are ab¬ 
sent from their legal residence upon the day of any general, 
special or primary election, and who are qualified electors of 
this State, as contemplated by section one of article three of 
the constitution. The term “commercial traveler” shall be 
taken to mean a person engaged in soliciting the sale of goods, 
by the exhibition of samples, or by catalogue or other device, 
for the purpose of effecting such sales and taking orders for 


Proviio. 


Acts repealed. 


Absent voter 
defined. 


Commercial 

traveler 

defined. 




34 


LAWS RELATING TO 


How absent 
voter may 
vote. 


Application 
to clerk. 


Form of 
blank. 



goods to be subsequently shipped by his employer; the term 
“district” as used in this act shall be deemed to mean that 
section or territory over which the city, village or township 
clerk has jurisdiction. 

Insofar as voting at elections by absent voters is concerned, the provisions 
of the general election code are controlling and have superseded this act. The 
title of the code, however, contains no reference to primary elections and for 
that reason it is thought that the provisions of the code with reference to 
absent voters are inapplicable to primary elections. Act 270, P. A. 1915, is 
therefore retained in this compilation and should be observed in connection 
with the operation of the primary election law. 


§ 3795. Sec. 2. Any absent voter, as defined by section 
one of this act, who will be entitled to vote on election day, 
who is absent from the county of which he is an elector, on 
the day of holding any general, special or primary election, 
held for the purpose of nominating or electing national, State, 
legislative, county, township, city, village or other municipal 
officers, or for the adoption or rejection of constitutional 
amendments or initiated or referred measures, or other prop¬ 
ositions submitted, may vote at any such election as herein¬ 
after provided. 

§ 3796. Sec. 3. At any time within thirty days next pre¬ 
ceding such election, any of the aforesaid voters expecting 
to be absent on the day of such election from the county in 
which his voting precinct is situated, may make application 
to the township, city or village clerk of his district either in 
person or by mail, upon a blank to be furnished by the county 
clerk to the various township, city or village clerks for that 
purpose, for the official ballot or ballots to be voted at such 
election. Such application blank shall upon request therefor, 
be sent by such township, city or village clerk to said absent 
voter by mail or shall be delivered to said voter upon applica¬ 
tion made personally at the office of such township, city or 
village clerk. Such application blank shall be in substantially 
the following form, and shall be signed and sworn to by the 
applicant before some officer authorized to administer oaths: 


Application for absent voter’s ballot for the election to be 
held on .., 19... 

I,., a duly qualified elector of the pre¬ 
cinct of the township of., or village of 

., or of the . precinct of 

the.ward of the city of.. in the 

county of., and State of Michigan, and a 

...expecting to be absent from the said 

(Give occupation.) 

county on the day for holding such election, hereby make ap¬ 
plication for an official ballot, or ballots, to be voted by me at 
such election. I request an official ballot of. 

party. (To be filled in for primary elections only.) 


Date .. Send absent voter ballot to 

Signature of applicant.) Postoffice. 

Home address of applicant_J Street address, if any. 

















GENERAL PRIMARY ELECTION. 


35 


§ 370 c Sec. 4. Upon receipt of such application blank, 
it shall be the duty of the township, village or city clerk to 
file the same in his office and to enter the name of said voter, 
together with the address to which such ballot or ballots are 
to be sent, upon a list to be kept by such clerk for such pur¬ 
pose, together with the date of receiving the same, the date of 
mailing the ballot or ballots to such voter, the date of receiv¬ 
ing the ballot from such voter, and such other information 
as may seem necessary or advisable. The clerk shall keep a 
separate list or record for each voting precinct in his district. 
As soon as the ballots are printed the said clerk shall mail 
one each of the ballots to be voted as hereinafter prescribed 
to said absent voter, provided he be properly registered or en¬ 
rolled, or will be a qualified elector at the coming election, 
at the address named, and the said voter shall return the same 
to said clerk so that it can be delivered by him into the hands 
of the board of election inspectors of such elector’s precinct 
before the closing of the polls on election day. 

§ 3798. Sec. 5. The ballots required for any general, spe¬ 
cial or primary election shall be delivered to the county clerk 
at the earliest possible time after the approval of the proof 
thereof, and at least twelve days before election. The county 
clerk shall immediately deliver to each of the township, vil¬ 
lage or city clerks, and in two separate packages, the number 
of official ballots to which such township, village or city is 
entitled by law. Twenty-five per cent of the total number of 
ballots to which the various townships, villages or cities are 
entitled, together with such additional number as the county 
clerk may deem to be necessary upon a proper showing by the 
respective township, village or city clerks beginning with 
ballot number one, and including the consecutive numbers 
thereafter, shall be enclosed in one package, as many as are 
necessary thereof to be used for absent voters as herein pro¬ 
vided. The remainder of such ballots shall be enclosed in a 
second package, sealed as now required by law, and shall be 
kept intact by the various township, village or city clerks in 
some safe and secure place with a seal thereon unbroken 
until election day, as now required : Provided, That any town¬ 
ship, village or city, or other elections where the ballots are 
not printed by the order of or delivered to the county clerk, 
such ballots shall be ordered printed as now provided by law, 
except as to time, and placed in the hands of such township, 
village or city clerks at least twelve days before election, and 
the same per centum of such ballots shall be retained sepa¬ 
rately by such clerk as is above provided for the use of absent 
voters when delivered by the county clerk. 

§ 3799. Sec. 6. The city, township or village clerk, as the 
case may be, shall enclose with each ballot sent to absent 
voters separate printed instructions to be furnished by the 
county clerk containing the following: Upon receipt of this 
ballot you will proceed to mark the same in accordance with 


Clerk to file 
and enter 
application. 


Separate 
records for 
precincts. 

Clerk to mail 
ballot. 


Return 
of ballot. 


When ballots 
delivered 
to clerk. 


Delivery to 
township, 
etc., clerks. 


First package. 


Second 

package. 


Proviso, 
printing 
of ballots. 


Instructions 
with ballots 
for absent 
voters. 



36 


LAWS RELATING TO 


Township, 
etc., clerk to 
initial ballots. 


To forward 
ballots. 


To enclose 

addressed 

envelope. 


the instructions enclosed, then fold the same so that the cor¬ 
ner bearing the initials of the township, village or city clerk 
may be seen without unfolding the ballot. Place the ballot 
in the envelope enclosed herewith and securely seal the same. 
Make out the affidavit printed upon the back and swear to the 
same before a notary public, or other person authorized to 
administer oaths, place the necessary postage upon the 
envelope and deposit the same in the postoffice or in some gov¬ 
ernment receptacle provided for the deposit of mail matter. 
This ballot to be valid, must be mailed so that it will reach 
the township, village or city clerk in which your precinct is 
located, in time to be deposited by him with the proper elec¬ 
tion board before the closing of the polls on election day. 

§ 3800. Sec. 7. Upon receipt of the ballots herein pro¬ 
vided for it shall be the duty of the said township, village or 
city clerk to initial a sufficient number of the same, in the 
same manner as is provided by law for the initialing of ballots 
by the inspectors of election, and to forward one of such bal¬ 
lots, or if there be more than one ballot to be voted, then one of 
each of such ballots, to each applicant for the same from said 
clerk’s district as shown by the list provided for in section 
four of this act, using due care that the same be mailed post¬ 
age prepaid, at least ten days before the opening of the polls 
on election day. He shall enclose with such ballot an envelope 
which shall bear upon the front thereof the name, official 
title and postoffice address of such township, village or city 
clerk, together with a request for return if not called for 
within three days, and upon the other side a printed affidavit 
in substantially the following form: 


Form of 
affidavit. 


State of.. 
County of 


I, 


.Jss. 

do hereby solemnly swear that I am a 


resident of the.precinct of the /township 0 f. 

[village J 

the .precinct of the. 

ward of the city of.,... State of Michigan and 


entitled to vote in such precinct; that the enclosed ballot was 
marked by me personally and enclosed in this envelope and 
sealed by me without being exhibited to any other person. 


(Signature of absent voter) 

Subscribed and sworn to before me, a.. 

in and for.county, State of., this 

.day of., 19_ 


(Signature of official) 

Official title. 

Commission expires. 




















GENERAL PRIMARY ELECTION. 


8? 




§ 3801. Sec. 8. Upon receipt of such ballot or ballots, 
the voter to whom the same is addressed shall mark the same 
in accordance with the printed instructions; shall fold and 
enclose the same in the envelope provided therefor and after 
sealing said envelope he shall fill out the affidavit printed on 
the back thereof and sign and swear to the same before * a 
notary public, or other person authorized to administer oaths, 
and, after placing thereon the necessary postage, he shall 
deposit the same in the postoffice or in some government 
receptacle provided for the deposit of mail matter. The bal¬ 
lot, in order to be valid, must be received by the township, 
village or city clerk in time for him to deposit the same with 
the election board in such elector’s voting precinct before the 
closing of the polls on election day. 

§ 3802. Sec. 9. Upon receipt of the envelope containing the 
marked ballots of any absent voter, it shall be the duty of the 
said clerk to safely keep the same in his office until election 
day and shall during the hours that the polls are open on elec¬ 
tion day deliver the same together with the signed application 
to the election board in such absent voter’s precinct. 

§ 3803. Sec. 10. It shall be the duty of the said election 
board to verify the legality of such vote by a comparison of 
the signature to the affidavit with that upon the application 
of such elector, by an examination of the poll lists to see that 
such voter had not voted in person and is a registered or 
enrolled voter; by an examination of the affidavit of such 
voter to see that the same is properly filled out and attested. 

§ 3804. Sec. 11. When the said board shall have satisfied 
themselves that such vote is legal, that the affidavit is suf¬ 
ficient, that the signatures correspond and that such voter 
has not voted in person in the precinct wherein he resides, 
they shall proceed to open the absent voter’s envelope and 
take out the ballot or ballots therein contained and, without 
unfolding the same or permitting the same to be opened or 
examined, they, or one of them, shall detach the perforated 
numbered corner and having satisfied themselves that the 
initials thereon are the initials of the township, village or city 
clerk, as the case may be, they shall deposit the same in the 
regular box or boxes provided for that purpose and shall de¬ 
posit the ballot in the regular ballot box to be counted with the 
other ballots. They shall also enter upon the proper poll list 
the fact of such voter having voted at such election by means 
of an absent voter ballot. 

§ 3805. Sec. 12. If upon the examination of the envelope 
containing an absent voter’s ballot or ballots, the affidavit 
thereon is found to be insufficient, or that the signatures do 
not correspond, or if, upon examination of the poll list it is 
discovered that such absent voter has voted in person in the 
precinct wherein he resides, or if in any way it is determined 
by such board that such ballot is illegal, then such vote shall 
not be allowed, but, without opening the absent voter envelope, 


How ballot 
voted. 


Clerk to 
deliver baUot 
to election 
board. 


Board to 
verify 
legality 
of vote. 


Board to 
deposit ballot 
in box. 


To enter 
voter’s name 
on poll list. 


When ballot 
to be rejected. 


/ 



38 


LAWS RELATING TO 


Proceeding 

upon 

rejection. 


Clerk to 
deliver 
record, etc., 
to board. 

Unused 

ballots. 

Vote of 
absent voter 
who returns. 


Proviso, 
return of 
absent ballot 
to board. 


Penalty. 


When con¬ 
ventions, 
primaries, 
etc., held. 


Penalty. 


Failure, 
neglect or 
refusal. 


the board, or some member thereof, shall mark across the 
face of such envelope Rejected as defective” (or illegal as the 
case may be), and said envelope and the ballot or ballots con¬ 
tained therein shall be retained and preserved in the manner 
now provided by law for the retention and preservation of 
official ballots voted at such election. 

§ 3806. Sec. 13. At the opening of the polls on election 
day each township, village or city clerk shall deliver his record 
or records to the proper election board, together with any 
unused ballots in his possession; such unused ballots shall be 
the first used by the election board. 

§ 3807. Sec. 14. The provisions of this act shall not be 
construed so as to prohibit any absent voter, returning to his 
place of residence, from voting in person within his precinct 
at any general, special or primary election, notwithstanding 
that he may have made application for an absent voter’s bal¬ 
lot and the same may have been mailed by the said clerk: 
Provided, That such voter has not availed himself of the privi¬ 
leges of an absent voter, as provided by this act, and voted 
the ballot mailed him by the said clerk, and provided he 
returns such ballot, if received, to the board by whom it shall 
be marked “cancelled” and placed in the regular ballot box 
with other ballots. Any voter so voting in person and by 
means of an absent voter ballot, or who shall attempt so to 
vote, shall be deemed guilty of a violation of this act and 
punished as hereinafter provided. 

§ 3808. Sec. 15. All caucuses, conventions or primary 
elections held for the purpose of nominating candidates for 
any election shall be held at least twenty days before such 
election and in sufficient time so that the ballots may be 
printed and in the hands of the various county, township, vil¬ 
lage or city clerks, as the case may be, the number of days 
before election as herein provided notwithstanding any pro¬ 
visions of any law or statutes in contravention thereof, and 
all acts or parts of acts contravening any of the provisions of 
this act are hereby repealed. 

§ 3809. Sec. 16. Any person violating any of the pro¬ 
visions of this act shall be deemed guilty of a misdemeanor, 
and shall be punished, upon conviction thereof, by a fine of 
not less than ten dollars nor more than one hundred dollars, 
or by imprisonment in the county jail for not less than ten 
days nor more than thirty days, or both such fine and impris¬ 
onment in the discretion of the court. 

§ 3810. Sec. 17. Failure, neglect or refusal on the part 
of any official to perform the duties required of him by this 
act, shall constitute nonfeasance in office and as such shall 
subject such official to removal from office as is provided by 
law. 



GENERAL PRIMARY ELECTION. 


39 


CENTRAL ELECTION COUNTING BOARDS. 

AN ACT to provide for the creation of a central election 

counting board in cities or villages. 

[Act 349, P. A. 1919.] 

The People of the State of Michigan enact: 

Section 1. The common council, city commission, or other 
legislative body of any city or village may, by ordinance or 
resolution provide for a central election counting board to be 
appointed in the same manner and receive the same compen¬ 
sation as the inspectors of election in said city. 

Sec. 2. Such ordinance or resolution may provide for the 
sealing of the ballot boxes in the various precincts of the city 
at different intervals during the day of election, and the trans¬ 
porting of the same to.the place where such central counting 
board may be located, and other ballot boxes placed at each 
of the polling places in the place of those taken away. 

Sec. 3. All ballots voted at any election held under the 
provisions of this act shall be sealed in the ballot boxes and 
transported to the place where the central election counting 
board shall be located, and there opened by such board. 

Sec. 4. The election returns of each voting precinct shall 
be kept separate, and the returns thereon made by the central 
election counting board in the same manner as though they 
were made by the election boards of the various voting pre¬ 
cincts. 

Sec. 5. This act shall in no way repeal or abridge any of 
the provisions of the general election laws, except as herein 
specifically provided, and all of the provisions of this act 
shall be carried out as near as may be according to the pro¬ 
visions of the general election laws. 


[CENTRAL POLLING PLACES. 

AN ACT authorizing the common councils of cities of the 
fourth class to provide by ordinance for the establishment 
of central polling places- 

[Act 140, P. A. 1913.] 

The People of the State of Michigan enact: 

§ 3640. Section 1. In any city of this State, organized 
under the laws thereof as a city of the fourth class, it shall be 
lawful for the common council of said city to provide by an 
ordinance, passed by at least a majority of the aldermen elect 
of said city, for the establishment of a central polling place, 
to be centrally located, and to provide for the discontinuance 
and abolishment of all other polling places in said city. 


Appointment 
and salary. 


Change of 
ballot boxes. 


Disposition 
of ballots. 


Separate 

returns. 


Effect of act, 
etc. 


Central 
polling places. 





40 


LAWS RELATING TO 


Election 
inspectors, 
number, etc. 


Nomination 
of candidates. 


Caucus, how 
held. 


Separate 
party ballots. 


Petition of 
candidate. 


Nominees, 
how chosen. 


Discontinu¬ 
ance of 
system. 


§ 3641. Sec. 2. The common council of any city establish¬ 
ing a central polling place may appoint four or more inspec¬ 
tors of election at the last meeting of said common council pre¬ 
vious to every election, general or special, and said inspectors 
shall be governed by the general laws of this State in reference 
to their powers and duties as election inspectors. 


PRIMARY FOR TOWNSHIP OFFICERS. 

AN ACT to provide a primary election system for the nomi¬ 
nation of township officers. 

[Act 372, P. A. 1919.] 

The People of the State of Michigan enact: 

Section 1. Whenever the township board of any town¬ 
ship .in this State shall, by resolution duly adopted, elect to 
come under the provisions of this act, or whenever the quali¬ 
fied electors of any township, by means of a petition pre¬ 
sented to the township board signed by not less than twenty- 
five per cent of such qualified electors and upon receipt of 
which it shall be the duty of such township board to adopt 
the provisions of this act for their township, the nomination 
of all candidates of all political parties for township offices 
to be elected at the annual township election shall thereafter 
be conducted as herein provided. 

Sec. 2. The caucus for such nomination shall be open 
from two o’clock p. m. to eight o’clock p. m., on the day 
designated therefor. All votes cast at such caucus shall be by 
ballot, and all laws applicable to the furnishing of ballots 
and the depositing, counting and canvassing of the same, pro¬ 
vided by general law for the election of such township officers 
are hereby made applicable for such caucus. 

Sec. 3. There shall be separate ballots for the nomination 
of candidates for each political party in such township. In 
order to secure the placing of his or her name upon any ballot 
it shall be necessary for such candidate to file with the town¬ 
ship clerk, not less than ten days before the date designated 
for the holding of such caucus, a petition signed by not less 
than two nor more than four per centum of the electors of 
such township as shown by the registration books thereof, 
asking that his or her name be placed upon such ballot and 
designating the office and the political party upon whose 
ballot he or she desires to have such name so placed. 

Sec. 4. The candidates receiving the highest number of 
votes on each political party ballot, for the office designated, 
shall be declared the nominees for such offices of such party 
at the ensuing annual township election. 

Sec. 5. Any township adopting the provisions of this act 
may at any time thereafter return to the system of nomi- 




GENERAL PRIMARY ELECTION. 


41 


nating candidates for office as provided under the general 
election laws of the State by following the same procedure 
as provided in this act for adopting the provisions thereof: 
Provided, That such action to return to the system of nomi¬ 
nating candidates under the general election law shall be 
made only upon a petition signed by twenty-five per centum 
of the qualified electors of such township: Provided further, 
That this act shall not apply to any township having a popu¬ 
lation of less than twelve thousand according to the latest 
federal census. 


PRIMARY ELECTION FOR SCHOOL OFFICERS. 

AN ACT in relation to a primary election to nominate candi¬ 
dates for school offices. 

[Act 169, P. A. 1911.] 

The People of the State of Michigan enact: 

§ 3516. Section 1 . Women who are entitled to vote at 
school elections shall be entitled to enroll at the same times 
and places and in the same manner, as near as may be, in 
which male electors are enrolled. The proper election officers 
shall cause to be prepared and furnished separate enrollment 
books for the enrollment of such women voters. Such women 
voters shall be enrolled in such separate books under their 
full names. Where candidates for school offices are to be 
nominated at such primary election separate ballots contain¬ 
ing the names of candidates for school offices shall be pre¬ 
pared for the use of the voters, and women who are enrolled 
in accordance with this act shall have the right to vote for 
candidates for school offices at such primary election. The 
results of such primary elections shall be certified by the 
proper boards of canvassers to the proper officials within ten 
days after such primary election. The provisions of act num¬ 
ber two hundred eighty-one of the public acts of nineteen 
hundred nine are hereby made applicable, except as the con¬ 
trary may be herein expressed. 


[Extract from Act 164, P. A. 1881.] 

CHAPTER II. 

§ 5664. Sec. 17. In all school elections including school 
elections held in districts organized and governed in whole 
or in part by a local act or acts, and including cities of the 
fourth class, any provisions in such local act or acts to the 
contrary notwithstanding, every citizen of the United States 
of the age of twenty-one years, male or female, who owns 
property which is assessed for school taxes in the district, or 


Proviso, by 
petition. 


Proviso, 
where act 
applies. 


Women 

voters, 

enrollment of 


Separate 
books, and 
ballots. 


Provisions 

applicable. 


Who qualified 
voter. 





42 


LAWS RELATING TO 


On voting 
school taxes. 


Proviso, land 
contracts. 


Proviso, in 
cities of 
250,000 or 
over. 


Election, etc., 
expenses of 
candidates, 
limit. 


who is the parent or legal guardian of any child of school 
age included in the school census of said district, and who has 
resided in said district three months next preceding such elec¬ 
tion, shall be a qualified voter. On the question of voting 
school taxes, every citizen of the United States of the age of 
twenty-one years, male or female, who owns property which is 
assessed for school taxes in the district, and who has resided 
in the district as above stated, shall be a qualified voter: Pro¬ 
vided, That the purchaser of land upon a land contract, who 
actually pays the taxes upon such land and resides thereon, 
may vote upon all questions; and where a husband and wife 
own property jointly and same is assessed for school taxes 
in the school district, each may, if otherwise qualified, vote 
upon all questions including the question of raising money: 
Provided however, That this act shall not be applicable in 
any city having a population of two hundred fifty thousand 
or over which comprises a single school district, but in such 
city all male electors who shall possess the qualifications 
specified in section one, article three of the constitution of 
this State, and all females, who, if they were males, would be 
qualified electors, shall be qualified voters in all school elec¬ 
tions in such city, and on questions of voting school taxes 
therein, and such electors, male and female, shall be regis¬ 
tered in the manner provided by law for the registration of 
male electors in any such city, and all such female electors 
shall be registered in a separate register, and in making the 
returns of such elections a separate return shall be made of 
the votes cast by women, but the aggregate vote return shall 
include the votes of all women electors, it being the intent 
of this act that the qualifications of electors qualified to vote 
for school inspectors therein shall be governed by the pro¬ 
visions of law as they existed prior to the passage of act num¬ 
ber one hundred forty-six of the Public Acts of nineteen hun¬ 
dred thirteen. 

Am. 1917, Act 7. 


CORRUPT PRACTICES ACT.! 

AN ACT to regulate and limit nomination and election 
expenses; to define and prevent corrupt and illegal prac¬ 
tices in nominations and elections; to secure and protect 
the purity of the ballot, and to require accounts of nomina¬ 
tion and election expenses to be filed, and providing penal¬ 
ties for the violation of this act. 

[Act 109, P. A. 1913.] 

The People of the State of Michigan enact: 

§ 3828. Section 1 . No sums of money shall be paid, and 
no expenses authorized or incurred by or on behalf of any can¬ 
didate to be paid by him in order to secure or aid in securing 




GENERAL PRIMARY ELECTION. 


43 


his nomination to any public office or position in this State, 
in excess ot* twenty-five per cent of one year’s compensation 
or salary of the office for which he is candidate: Provided, 
That a sum not exceeding fifty per cent of one year’s salary 
may be expended by the candidates for governor and lieuten¬ 
ant governor; or where the office is that of member of either 
branch of the legislature of the State, the twenty-five per 
cent shall be computed on the salary fixed for the term of 
two years. Provided further, That no candidate shall be 
restricted to less than one hundred dollars in his campaign 
for such nomination. No sums of money shall be paid and no 
expense authorized or incurred by or on behalf of any candi¬ 
date who has received the nomination to any public office or 
position in this State, in excess of twenty-five per cent of one 
year’s salary or compensation of the office for which he is 
nominated: or where the office is that of member of either 
branch of the legislature of the State, the twenty-five per cent 
shall be computed on the salary fixed for the term of two 
years: Provided, That no candidate shall be restricted to 
less than one hundred dollars. No sum of money shall be 
paid and no expenses authorized or incurred by or on behalf 
of any candidate contrary to the provisions of this act. 

§ 3829. Sec. 2. Every political committee shall appoint a 
treasurer who shall receive, keep and disburse all sums of 
monev which may be collected or received by such committee 
or by any of its members for election expenses; and unless 
such treasurer is first appointed it shall be unlawful for a 
political committee or any of its members to collect, receive 
or disburse money for any such purpose. 

§ 3830. Sec. 3. No candidate and no treasurer of any 
political committee shall pay, give or lend, or agree to pay, 
give or lend, either directly or indirectly, any money or other 
valuable thing for any nomination or election expenses what¬ 
ever, except for the following purposes: 

_ First, For traveling expenses and personal expenses inci¬ 
dent thereto, for printing, stationery, advertising, postage, 
expressage, freight, telegraph, telephone and public messenger 
services; 

Second, For dissemination of printed information to the 
public; 

Third, For political meetings, demonstrations and conven¬ 
tions; 

Fourth, For the rent, maintenance and furnishing of 
offices; 

Fifth, For the payment of clerks, typewriters, stenog¬ 
raphers, janitors, and messengers actually employed; 

Sixth, For the employment of challengers at primaries and 
elections, to the number allowed by law as such; 

Seventh, For the payment of public speakers and musicians 
at public meetings, and their necessary traveling expenses; 

Eighth, For copying and classifying of election registers 


Proviso, 
governor and 
lieutenant 
governor. 


Further 

proviso. 


Proviso. 


Treasurer, 
appointment, 
duty, etc. 


Expenditures, 
what deemed 
lawful. 









44 


LAWS RELATING TO 


Candidate 
and treasurer 
to file ac¬ 
count, etc. 


What to 
set forth. 


Account filed 
before oath 
administered, 
etc. 


Open to 

f mblic 
inspection. 


Statements, 

inspection, 

etc. 


or poll lists and investigating the right to vote of the persons 
listed or registered therein, and conducting proceedings to 
purge the registers and lists, and prevent improper or unlaw¬ 
ful registration or voting; 

Ninth, For making canvasses of voters; 

Tenth, For conveying infirm or disabled voters to and from 
the polls; 

Eleventh, For employing as counsel, attorneys licensed to 
practice in accordance with the laws of the State, and for 
the necessary expenses of such counsel. 

None of the provisions of this act shall be construed as 
relating to the rendering of services by speakers, writers, pub¬ 
lishers, or others, for which no compensation is asked or 
given. 

§ 3831. Sec. 4. Every candidate and every treasurer of a 
political committee shall, within ten days after any primary 
election, caucus or convention and again within twenty days 
after any general election, whether State, county, city, munici¬ 
pal, township or district election, in or concerning which he 
shall have received or disbursed any money, prepare and file 
in the office of the county clerk of the county in which such 
candidate or treasurer resides, a full, true and detailed 
account and statement subscribed and sworn to by him before 
an officer authorized to administer oaths, setting forth each 
and every sum of money received or disbursed by him for 
nomination or election expenses, the date of each receipt, 
the name of the person from whom received or to whom paid, 
and the person to whom and object or purpose for which dis¬ 
bursed. Such statements shall also set forth the unpaid debts 
and obligations, if any, of such candidate or committee, 
incurred for the purposes set forth in section three of this 
act, with the nature and amount of each, and to whom owing, 
in detail, and if there are no such unpaid debts or obligations 
of such candidate or committee, such statement shall state 
such fact. 

§ 3832. Sec. 5. It shall be unlawful to administer the oath 
of office or to issue a commission or certificate of nomination 
or election to any person nominated or elected to any public 
office until he has filed an account as required by this act, 
which account shall upon its face be complete and show a 
lawful compliance with this act, and no such person shall 
enter upon the duties of his office until he has filed such 
account, nor shall he receive any salary or fees for any period 
prior to the filing of the same. 

§ 3833. Sec. 6 . All such accounts shall be open to public 
inspection in the offices where they are filed and shall be care¬ 
fully preserved there for a period of one year, and it shall be 
the duty of the officers having custody of the same to give cer¬ 
tified copies in like manner as of other public records. 

§ 3834. Sec. 7. The several officers with whom statements 
are required to be filed shall inspect all statements of accounts 





GENERAL PRIMARY ELECTION. 


45 


and expenses relating to nominations and elections filed with 
them within ten days after the same are filed; and if upon 
examination of the official ballot it appears that any person 
has failed to file a statement as required by law, or if it 
appears to any such officer that the statement filed with him 
does not conform to law, or upon complaint in writing by 
a candidate or by a voter that a statement filed does not con¬ 
form to law or to the truth, or that any person has failed to 
file a statement which lie is by law required to file, said officer 
shall forthwith in writing notify the delinquent person to 
comply with this act. 

§ 3835. Sec. 8. Upon the failure of any person to file a 
statement within ten days after receiving such notice, or if 
any statement filed discloses any violation of any provision of 
this act, the county clerk shall forthwith notify the prose¬ 
cuting attorney of the county where said violation occurred, 
and shall furnish him with copies of all papers relating 
thereto, and said prosecuting attorney shall on such com¬ 
plaint or the complaint of any other person, forthwith enter 
the same in a docket kept for that purpose in his office, and 
within twenty days thereafter examine every such case, and 
if the evidence seems to him to be sufficient under the pro¬ 
visions of this act he shall, in the name of the people of the 
State, forthwith institute such civil or criminal proceedings 
as may be appropriate to the facts. 

§ 3836. Sec. 9. No person otherwise competent as a wit¬ 
ness shall be excused from answering any question, in any 
proceedings under this act, on the ground that such answer 
would tend to incriminate him; but no prosecution can after¬ 
wards be had against such witness for any such offense con¬ 
cerning which he testified for the prosecution except in an 
action for perjury in giving such testimony. 

§ 3837. Sec. 10. The secretary of state shall, at the 
expense of the State, furnish to the proper county, city, vil¬ 
lage or town clerks blanks in a form approved by the attorney 
general, suitable for the statements hereinbefore required. 

§ 3838. Sec. 11. No person who is not a candidate, or the 
treasurer of a political committee, shall pay, give or lend, or 
agree to pay, give or lend, any money whether contributed by 
himself or by any other person, for any election expenses 
whatever, except to a candidate or to a political committee. 

§ 3839. Sec. 12. No person shall make a payment of his 
own money or of another person’s money to any person in 
connection with a nomination or election in any other name 
than that of the person who in truth supplies such money; nor 
shall any person knowingly receive such payment or enter or 
cause the same to be entered in his accounts or records in 
another name than that of the person by whom it was actually 
furnished. 

§ 3840. Sec. 13. It shall be unlawful for any candidate, or 
treasurer of a political committee, or person acting as such 


Failure to 
file, etc. 


Witness, when 
not excused. 


Blanks, by 

whom 

furnished. 


Contributions, 
to whom 
payable. 


Money 
credited 
to person 
furnishing 


Anonymous 

contributions. 





46 


LAWS RELATING TO 


Officer, etc., 
of corpora¬ 
tion, not to 
contribute. 


Unlawful to 
threaten, etc., 
employes. 


Newspaper 
advertise¬ 
ments to be 
marked paid 


False state¬ 
ment, etc. 


treasurer, to disburse money received from any anonymous 
source. 

§ 3841. Sec.' 14. No officer, director, stockholder, attorney, 
agent or any other person, acting for any corporation or joint 
stock company, whether incorporated under the laws of this 
or any other State or any foreign country, except corpora¬ 
tions formed for political purposes, shall pay, give or lend, or 
authorize to be paid, given or lent, any money belonging to 
such corporation to any candidate or to any political com¬ 
mittee, for the payment of any election expenses whatever. 

§ 3842. Sec. 15. It shall be unlawful for any employer, 
either corporation, association, company, firm or person, in 
paying the salary or wages of any of its, their or his employes, 
to enclose their pay in pay envelopes, upon which there is writ¬ 
ten or printed any political notice, device or argument, con¬ 
taining any threat, expressed or implied, intended or calcu¬ 
lated to influence the political opinion, views or actions of 
such employes so paid. Nor shall it be lawful for any em¬ 
ployer, either corporation, association, company, firm or per¬ 
son, within ninety days of any election or primary election 
provided by law, to put up or otherwise exhibit in its, their, 
or his factory, workshop, mine, mill, boarding house, office or 
other establishment or place where its, their or his employes 
may be working or be present in the course of such employ¬ 
ment, any hand bill, notice or placard containing any threat, 
notice or information that in case any particular ticket or 
candidate shall be nominated or elected, work in its, their 
or his place or establishment will cease, in whole or in part, 
or its, their or his establishment will be closed, or the wages 
of its, their or his workmen shall be reduced; or any other 
threats, expressed or implied, intended or calculated to influ¬ 
ence the political opinion or act of its, their or his employes. 

§ 3843. Sec. 16. No publisher of a newspaper or other 
periodical shall insert, either in its advertising or reading 
columns, any paid matter which is designed or tends to aid, 
injure or defeat any candidate or political party or organiza¬ 
tion, or measure before the people, unless it is stated therein 
that it is a paid advertisement. No person shall pay the 
owner, editor, publisher or agent of any newspaper or other 
periodical to induce him to editorially advocate or oppose any 
candidate for nomination or election, and no such owner, 
editor, publisher or agent shall accept such payment. 

§ 3844. Sec. 17. If any letter, circular, poster, bill, pub¬ 
lication or placard shall contain any false statement or 
charges reflecting on any candidate’s character, morality or 
integrity, the author thereof and every person knowingly 
assisting in the circulation thereof shall, upon conviction 
thereof, be subject to the penalties provided for the violation 
of this act: Provided, That this shall in no wise deprive the 
injured party of any other action for libel given by law. 


Proviso, 




&ENEBAL PRIMARY ELECTION 


47 


§ 3845. Sec. 18. Any person who shall incur any illegal 
election expenses, or otherwise violate any of the provisions 
of this act, shall upon conviction thereof be punished by a fine 
of not more than one thousand dollars, or by imprisonment 
for not more than two years, either or both, at the discretion 
of the court. 

§ 3846. Sec. 19. Terms used in this act shall be used as 
follows, unless other meaning is clearly apparent from the 
language or context, or unless such construction is incon¬ 
sistent with the manifest intent of the law : 

“Candidate” shall apply to any person whose name is 
printed on an official ballot for public office, or whose name 
has been presented for public office, with his consent, for 
nomination or election; 

“Political committee” or “committee” shall apply to every 
combination of two or more persons who shall aid or promote 
the success or defeat of a candidate, or a political party or 
principle or measure; 

“Public office” shall apply to any national, State, county 
or city ward, village or town office which is filled by the voters 
of this State, as well as to the office of presidential elector 
and United States senator; 

“Town” shall apply to incorporated towns as well as to 

townships. 

§ 3847. Sec. 20. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed: Provided, 
That the repeal of such acts or parts of acts, or any of them, 
shall not be construed to affect any offense committed, or any 
prosecution or proceeding instituted or pending under the 
laws so repealed. 

§ 3848. Sec. 21. No person or organization shall ask, 
demand or request of or from any candidate for any public 
office subsequent to any public announcement of the candi¬ 
dacy for any nomination for such office, any donation, gift 
or contribution, purchase of tickets, or similar demands. This 
section shall be held to extend to include religious, char¬ 
itable, or social organizations or any person working in their 
behalf. 


Penalty for 
violation. 


Terms 

defined. 


Proviso. 


Unlawful 
to demand, 
etc., contri¬ 
bution, etc. 



48 


LAWS RELATING TO 


When 

primary 

held. 


Names, 
when printed 
on ballot. 


Petition, 

when and 
where filed. 


Canvass 
and return. 


Form of 
petition. 


PREFERENTIAL PRIMARY ELECTION FOR PRESIDENT OF 

UNITED STATES. 

AN ACT to provide for the expression by the qualified voters 

of the several political parties of their choice for the nomi¬ 
nation by their party for the president of the United States. 

[Act 9, First Ex. Sess. 1912.] 

The People of the State of Michigan enact: 

§ 3507. Section 1. On the first Monday in April, nine¬ 
teen hundred twelve, and on the first Monday in April in 
every four years thereafter there shall be held a primary 
nominating election in every voting precinct of this State, 
which shall be known as the April presidential primary elec¬ 
tion, at which the qualified voters of the several political 
parties, shall have the opportunity on separate ballots pro¬ 
vided for that purpose to express their preference as to the 
nominees of their respective parties for the office of president 
of the United States. 

§ 3568. Sec. 2. The names of any candidates for the office 
of president of the United States shall be printed on the offi¬ 
cial primary ballot solely upon petition of their political 
supporters in Michigan, which petition shall be signed by not 
less than one hundred of the qualified voters of such political 
party, and said petition shall be filed with the secretary of 
state on or before twelve o’clock noon, March twenty-three, 
nineteen hundred twelve, and on or before twelve o’clock noon 
on the first day of March in each fourth year thereafter. The 
nominating ballots as herein provided for shall be counted, 
canvassed and returned in the same manner as the names and 
petitions of the aspirant for the party nomination for the office 
of governor are uow required to be marked, filed, counted, can¬ 
vassed and returned. 

§ 3569. Sec. 3. All nominating petitions shall be in the 
following form: 

We, the undersigned voters of the. 

party of the city (or township) in the county of. 

State of Michigan, hereby nominate. 

of the state of...as a candidate of 

.party for the office of president of the 

United States to be voted for at the April presidential primary 
election to be held on the.day of April., as 

representing the best principles of said party, and we further 
declare that we intend to support the political party named 
herein. 

Name. Residence. Date of Signing. 














GENERAL PRIMARY ELECTION. 


40 


§ 3570. Sec. 4. The secretary of state shall, immediately Notice of 
after the final date of filing petitions herein provided for, for- election * 
ward to the several county clerks in the State of Michigan, 
notice that a presidential primary election will be held in all 
the voting precincts in this State on the first Monday in April, 
nineteen hundred twelve, and the same notice in each fourth 
year hereafter as herein provided for, together with a copy of 
the official ballot to be provided for at such election which 
shall have printed thereon the names of all candidates for the 
office of president of the United States as ascertained by the 
nominating petitions on file with him; said names to be alter¬ 
nated on said ballots in accordance with the provisions of the 
state primary election law. 

§ 3571. Sec. 5. The official presidential preference pri- [f 0 n m t 0f 
mary ballot shall be as follows: 

OFFICIAL PRIMARY ELECTION BALLOT. 

. Party, . Apr. 

Instruction to voters. 

‘ To vote for a person whose name appears on the ballot mark 
an (x) in the square in front of the name of the person for 
whom you wish to vote. To vote for a person whose name is 
not on the ballot, write his name on the blank space provided 
for. Vote only for one person. 



JOHN DOE 


RICHARD ROE 


JAMES JONES 






The color, size and form of ballot, except as herein pro- Color, etc. 
vided, to be the same as required by the state primary election 

law. 

§ 3572. Sec. 6. It shall be the duty of each county clerk 
upon the receipt of the list of candidates and notice of elec- clerk, 
tion to cause the required number of presidential election 
ballots for every voting precinct in the county to be printed, 
containing the names of candidates as certified to by the sec¬ 
retary of state. The ballots shall be numbered and one corner 
perforated in the same manner as is required for the number¬ 
ing and perforating of ballots under the regular state primary 
election. 

Sec. 7 was repealed by Act 219 of 1915. This section provided for the pay¬ 
ment by the State of the expense of printing the necessary ballots. 

§ 3573. Sec. 8. The candidate receiving the highest mini- Stored l€ * 
ber of votes in the State at said election shall be declared to 
be the candidate and the choice of such political party for 
this State. 


Sec. 9 repeals aU inconsistent or contravening acts or parts of act*. 



















60 


Laws relating to 


Primary for 
national 
committee¬ 
men. 


Petition, 
who to 
sign, etc. 


Canvass. 


Nomination 
petition, 
form of. 


NOMINATION OF MEMBER OF NATIONAL COMMITTEE. 

AN ACT to provide for the expression by the qualified en¬ 
rolled voters of the several political parties of their choice 
for the nomination by their party for the member of the. 
national committee of the various political parties of this 
State, and making an appropriation to carry out the pro¬ 
visions of the same. 

[Act 392, P. A. 1913.] 

The People of the State of Michigan enact: 

§ 3575. Section 1. On the first Monday in April, nineteen 
hundred sixteen, and on the first Monday in April in every 
four years thereafter, there shall be held a primary nomi¬ 
nating election in every voting precinct of this State, at which 
the qualified voters, including those who shall be qualified on 
the first day of April, nineteen hundred sixteen, of the several 
political parties, shall have the opportunity on separate bal¬ 
lots provided for that purpose to express their preference for 
the members of the national committee of their respective 
parties. 

§ 3576. Sec. 2. The name of any candidate for the office 
of national committeeman shall be printed on the official pri¬ 
mary ballot solely upon the petition of their political sup¬ 
porters in Michigan, which petition shall be signed by not less 
than one hundred of the qualified voters of such political 
party, and said petition shall be filed with the secretary of 
state on or before twelve o’clock noon, March first, nineteen 
hundred sixteen, and on or before twelve o’clock noon of the 
first day of March in each fourth year thereafter. The nomi¬ 
nating ballots as herein provided for shall be counted, can¬ 
vassed, and returned in the same manner as the names and 
petitions of the aspirants for the party nomination for the 
office of governor are now required to be marked, filed, 
counted, canvassed and returned. 

§ 3577. Sec. 3. All nominating petitions shall be in the 
following form: 

We, the undersigned qualified voters of the. 

party, of the city (or township) in the county of., 

State of Michigan, hereby nominate., 

as a candidate of the.party for the 

office of national committeeman to be voted for at the April 

primary election to be held on the.day of April, 

., and we further declare that we intend 

to support.for the office of National 

Committeeman. 

Name .. Residence . 

Date of Signing. 













GENERAL PRIMARY ELECTION. 


61 


§ 3578. Sec. 4. The secretary of state shall, immediately 
after the final date of filing petitions herein provided for, 
forward to the several county clerks of the State of Michigan 
notice that a primary election will be held in all the voting 
precincts in this state on the first Monday in April, nineteen 
hundred sixteen, and the same notice in each fourth year 
hereafter as herein provided for, together with a copy of the 
official ballot to be provided for at such election, which shall 
have printed thereon the names of all candidates for the office 
of national committeeman as ascertained by nominating peti¬ 
tions on file with him; said names to be alternated on said 
ballot in accordance with the provisions of the said primary 
election law. 

§ 3579. Sec. 5. The official ballot shall be as follows: 

OFFICIAL PRIMARY ELECTION BALLOT. 

.Party . Apr. 

To vote for one (1) person whose name appears on the bal¬ 
lot mark an (x) in the square in front of one of the names of 
the persons for whom you wish to vote. To vote for a person 
whose name is not on the ballot, write his name in the blank 
space provided for. Vote only for one (1) person. 



JOHN JONES 


WILLIAM SMITH 


THOMAS RYAN 


The color, size and form of ballot, except as herein pro¬ 
vided, to be the same as required by the state primary elec¬ 
tion law. 

§ 3580. Sec. 6 . It shall be the duty of each county clerk 
upon the receipt of the list of candidates and notice of election 
to cause the required number of election ballots for every vot¬ 
ing precinct in the county to be printed, containing the names 
of candidates as certified to by the secretary of state. The 
ballots shall be numbered and one corner perforated in the 
same manner as is required for the numbering and perfor¬ 
ating of ballots under the regular State primary election; and 
the expense of printing said ballots shall be borne by the state. 

Sec. 7 was repealed by Act 151 of 1915. This section provided for the pay¬ 
ment by the State of the expense of printing the necessary ballots. 

§ 3581. Sec. 8. The candidate receiving the highest num¬ 
ber of votes in the State at said election shall be declared to 
be the candidate and the choice of such political party for the 
office of national committeeman. 


Notice of 

election, 

etc. 


Ballot, 
form of. 


County 
clerk, 
duty of. 


Choice of 
party. 


Sec. 9 repeals all inconsistent acts or parts of acts. 



















LIBRARY OF CONGRESS 




0 028 070 956 6 














